NOTE: The governor signed this measure on 5/21/2013.
SENATE BILL 13-213
BY SENATOR(S) Johnston and Heath, Aguilar, Carroll, Giron, Guzman,
Hodge, Hudak, Jahn, Jones, Kefalas, Kerr, Newell, Nicholson, Tochtrop,
Todd, Ulibarri, Morse;
also REPRESENTATIVE(S) Hamner, Buckner, Court, Duran, Exum,
Fields, Fischer, Foote, Ginal, Hullinghorst, Kagan, Labuda, Lebsock, Lee,
Levy, May, McCann, McLachlan, Melton, Mitsch Bush, Moreno, Peniston,
Pettersen, Rosenthal, Ryden, Salazar, Schafer, Tyler, Williams, Young,
Ferrandino.
Concerning the financing of public schools, and, in connection
therewith, creating the "Public School Finance Act".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 54.5 to title
22 as follows:
ARTICLE 54.5
Public School Finance Act
PART 1
GENERAL PROVISIONS
22-54.5-101. Short title. This article shall be known and may
be cited as the "Public School Finance Act".
22-54.5-102. Legislative declaration. (1) (a) The general
assembly finds that:
(I) Since passage of the "Public School Finance Act of 1994",
article 54 of this title, public education in Colorado has
undergone a substantial transformation through implementation
of significant education policy advancements, including adoption
of content standards and assessments that are aligned from
preschool through high school graduation and postsecondary
expectations; advancements in measuring district and public
school performance in the areas of student achievement and
academic growth; and increased use of technology in delivering
education;
(II) During this same period, various constitutional
provisions and statutory formulas have limited the amount of
state and local funding available for public education, increased
the burden on state revenues relative to local revenues for
funding public schools, and created significant inequities in the
tax burden borne by communities throughout the state;
(III) Section 2 of article IX of the state constitution
requires the general assembly to establish and maintain a
thorough and uniform system of public schools throughout the
state. Establishing a thorough and uniform system involves
setting the academic standards for all students to meet, making
priority investments that are rationally related to enabling
students to meet those standards, and establishing and funding
a school finance system that directs resources into those priority
investments.
(IV) A thorough and uniform system requires that all
school districts and institute charter schools operate under the
same finance formula, and equity considerations dictate that all
districts and institute charter schools are subject to the
expenditure and maximum levy provisions of this article. A
thorough and uniform system also requires the application of
increased revenues to enable the public schools to provide all
students with the necessary and appropriate instruction, supports,
and educational opportunities that they need to contribute
economically and civically as adults in society.
(V) All students enrolled in public schools, regardless of
the type of public school in which they are enrolled and
regardless of whether they are enrolled in a public school of the
district in which they reside, and all public schools, whether they
are institute charter schools, charter schools of a district,
schools of innovation of a district, or traditional schools of a
district, should have equitable access to state and local funding;
(VI) Legislation in recent years has clearly established the
goal that all districts and public schools ensure that all
Colorado students are on track to achieve postsecondary and
workforce readiness by high school graduation. Deficits in
district and public school performance levels indicate the
inability to adequately serve key student groups, including
children with disabilities, gifted and talented students, at-risk
students, and English language learners, as well as the inability
to adequately address areas of early childhood education,
including school readiness and full-day kindergarten.
Recognizing these inabilities, this article makes the additional
investments that are required to generate significant
improvements in serving these students and addressing these
areas.
(VII) Recent legislation has also clearly established the
requirement that all districts and public schools focus their
efforts on eliminating the academic achievement and growth gaps,
including the significant gaps that exist among student groups
when disaggregated by race. Research demonstrates that these
gaps in achievement and growth transcend students' economic
situations, suggesting the need for systemic change to ensure that
the level of services that a student receives is not affected by the
student's race, rather that all students, regardless of race, have
equal access, opportunity, and encouragement to enroll in upper
level and advanced placement courses and to undertake other
academic challenges.
(VIII) An important component of eliminating the academic
achievement and growth gaps among student groups
disaggregated by race and strengthening the uniformity and
thoroughness of public education in the state is to ensure that
districts and schools have the resources needed to develop,
attract, and retain educators, including teachers,
paraprofessionals, principals, and administrators, so that the
racial composition of the faculty and staff of each district and
public school reflects the racial composition of the student
populations served in the districts and public schools; and
(IX) To ensure that the state continues to maintain a
thorough and uniform system of public education requires not
merely picking a static number for the level of financial
investment but making strategic and targeted investments in key
areas and continuously evaluating the efficacy of that spending
in generating the academic outcomes that are the ultimate
measure of the success of the public education system. An ongoing
analysis of any academic performance deficits and of the targeted
funding that may be needed to remediate these deficits will ensure
that the system for financing public education in Colorado is and
remains rationally related to establishing and maintaining the
thorough and uniform system of free public schools in the state.
(b) The general assembly concludes that enacting this
article, in conjunction with the passage of a citizen-initiated
statewide measure to increase state tax revenues for the purpose
of funding preschool through twelfth grade public education, are
necessary and critical first steps toward achieving the ongoing
maintenance of a thorough and uniform system of free public
schools. Accordingly, the provisions of this article concerning
the financing of public schools for budget years beginning on and
after July 1, 2015, apply to all school districts and institute
charter schools organized under the laws of this state.
(2) Following the passage of a citizen-initiated statewide
ballot measure to increase state tax revenues for the purpose of
funding preschool through twelfth grade public education, and
depending on the amount of the increase in state tax revenues, it
is the intent of the general assembly that all or a portion of the
increase in state tax revenues be appropriated as follows:
(a) One hundred million dollars annually to the education
innovation grant fund created in section 22-54.5-311 (9);
(b) Eighty million dollars annually for distribution as
special education funding pursuant to section 22-20-114 (1) (c);
(c) Six million dollars annually to a statewide program to
provide additional career opportunities for highly effective
educators;
(d) Seven million dollars annually for funding for
programs for gifted and talented students pursuant to part 2 of
article 20 of this title, at least one million dollars of which must
be used to identify gifted and talented students;
(e) Five million dollars annually to the department to
offset the costs incurred in implementing a data system to
implement the average daily membership count and the financial
and human resource reporting system described in section
22-44-105 (4);
(f) One million dollars annually to the department to
provide professional development programs pursuant to section
22-2-142;
(g) One million three hundred thousand dollars annually
for distribution to the boards of cooperative services pursuant to
section 22-5-122; and
(h) One million dollars for mill levy election
administrative costs pursuant to section 22-54.5-305.
(3) The general assembly finds that the moneys
appropriated for the following purposes will benefit the
education of students in kindergarten through twelfth grade and
participants in preschool programs by implementing education
reforms and programmatic enhancements:
(a) Distributing teacher and leadership investment moneys
pursuant to section 22-54.5-301 to assist districts and institute
charter schools in implementing education reform measures;
(b) Increasing the additional funding for at-risk pupils;
(c) Increasing the additional funding for English language
learners;
(d) Funding all kindergarten pupils as full-time pupils;
(e) Funding all eligible three-, four-, and five-year-old
pupils for participation in the Colorado preschool program
pursuant to article 28 of this title;
(f) Funding all secondary students as full-time pupils;
(g) Increasing the funding for children with disabilities as
provided in section 22-20-114;
(h) Increasing the funding for students enrolled in
multi-district on-line schools and students who participate in the
ASCENT program;
(i) Increasing the funding for gifted and talented students;
(j) Distributing per pupil supplemental payments pursuant
to section 22-54.5-303 to ensure that all districts receive a
minimum level of funding;
(k) Funding the education innovation grant program
created in section 22-54.5-311;
(l) Increasing the size factor for districts with fewer than
four thousand three hundred students;
(m) Distributing hold-harmless funding to districts to help
ensure they receive full total program funding;
(n) Matching a portion of the voter-approved increases in
the property tax mill levy for districts with low assessed
valuation;
(o) Increasing the funding for charter school facilities;
(p) Funding a mill levy equalization factor for institute
charter schools to raise the funding for institute charter schools
to a level more comparable to districts;
(q) Funding a statewide program to provide additional
career opportunities for highly effective educators;
(r) Funding the implementation of a data system that will
support the data collection for and calculation of average daily
membership; and
(s) Funding the election costs incurred by districts that
seek voter approval for an increase in the total program mill
levy.
(4) The general assembly further finds that, in enacting
this article, it has adopted a formula for the support of schools
for the 2015-16 budget year and budget years thereafter;
however, the adoption of the formula does not represent a
commitment on the part of the general assembly concerning the
level of total funding for schools for the 2015-16 budget year or
any budget year thereafter.
(5) (a) This article does not prohibit local governments
from cooperating with school districts through
intergovernmental agreements to fund, construct, maintain, or
manage capital construction projects or other facilities as set
forth in section 22-45-103 (1) (c) (I) (A) or (1) (c) (I) (D), including but
not limited to swimming pools, playgrounds, or sports fields, as
long as funding for these projects is provided solely from a source
of local government revenue that is otherwise authorized by law
except impact fees or other similar development charges or fees.
(b) Notwithstanding any provision of paragraph (a) of this
subsection (5) to the contrary, this subsection (5) does not limit or
restrict a county's power to require the reservation or dedication
of sites and land areas for schools or the payment of moneys in
lieu thereof pursuant to section 30-28-133 (4) (a), C.R.S.
22-54.5-103. Definitions - repeal. As used in this article, unless
the context otherwise requires:
(1) "Accounting district" means the district within whose
geographic boundaries an institute charter school is physically
located.
(2) "Adjusted average daily membership" means the
kindergarten through twelfth-grade average daily membership
plus the on-line average daily membership of a local education
provider.
(3) "ASCENT program" means the accelerating students
through concurrent enrollment program created in section
22-35-108.
(4) (a) "ASCENT program average daily membership" means
the number of pupils who are enrolled each school day in a local
education provider and are participants in the ASCENT program,
totaled for the averaging period and divided by the number of
school days in the averaging period. The ASCENT program
average daily membership of a district includes the ASCENT
program participants enrolled in each district charter school of
the district. An ASCENT program participant who is enrolled in at
least twelve credit hours of postsecondary courses, including
academic courses and career and technical education courses, is
included in the ASCENT program average daily membership as a
full-time pupil. An ASCENT program participant who is enrolled
in less than twelve credit hours of postsecondary courses,
including academic courses and career and technical education
courses, is included in the ASCENT program average daily
membership as a part-time pupil.
(b) (I) Notwithstanding any provision of paragraph (a) of
this subsection (4) to the contrary, for purposes of calculating
funding pursuant to this article for the 2015-16 and 2016-17
budget years, "ASCENT program average daily membership" means
the number of pupils enrolled in a local education provider and
participating in the ASCENT program on October 1 of the budget
year for which funding is calculated.
(II) This paragraph (b) is repealed, effective July 1, 2017.
(5) "At-risk" means a pupil is enrolled in one of grades
kindergarten through twelve and is eligible for free or
reduced-price meals pursuant to the provisions of the federal
"National School Lunch Act", 42 U.S.C. sec. 1751 et seq., or the
federal "Child Nutrition Act of 1966", 42 U.S.C. sec. 1771 et seq.
(6) (a) "At-risk pupil average daily membership" means the
greater of:
(I) The number of at-risk pupils enrolled in a local
education provider each school day, totaled for the averaging
period and divided by the number of school days in the averaging
period; or
(II) The local education provider's at-risk pupil percentage
multiplied by the local education provider's adjusted average
daily membership.
(b) The at-risk pupil average daily membership of a district
includes the at-risk pupils enrolled in each district charter
school of the district.
(c) Notwithstanding the provisions of paragraph (c) of
subsection (26) of this section, the at-risk pupil average daily
membership of a local education provider includes the at-risk
pupils enrolled in a multi-district on-line school of the local
education provider.
(d) (I) Notwithstanding any provision of paragraph (a) of
this subsection (6) to the contrary, for purposes of calculating
funding pursuant to this article for the 2015-16 and 2016-17
budget years, "at-risk pupil average daily membership" means the
greater of:
(A) The number of at-risk pupils included in the local
education provider's membership on October 1 of the budget year
for which funding is calculated; or
(B) The local education provider's at-risk pupil percentage
multiplied by the local education provider's adjusted average
daily membership.
(II) This paragraph (d) is repealed, effective July 1, 2017.
(7) (a) "At-risk pupil percentage" means the number of
at-risk pupils enrolled in grades one through eight in a local
education provider each school day, totaled for the averaging
period and divided by the number of school days in the averaging
period, then divided by the local education provider's average
daily membership for the same averaging period for grades one
through eight.
(b) Notwithstanding the provisions of paragraph (a) of this
subsection (7), for an institute charter school that does not
enroll students in grades one through eight, "at-risk pupil
percentage" means the number of at-risk pupils enrolled in the
institute charter school each school day, totaled for the
averaging period and divided by the number of school days in the
averaging period, then divided by the institute charter school's
average daily membership for the same averaging period.
(c) The at-risk pupil percentage of a district includes the
at-risk pupils enrolled in each district charter school of the
district.
(d) Notwithstanding the provisions of paragraph (c) of
subsection (26) of this section, the at-risk pupil percentage of a
local education provider includes the at-risk pupils enrolled in a
multi-district on-line school of the local education provider.
(e) (I) Notwithstanding any provision of paragraph (a) of
this subsection (7) to the contrary, for purposes of calculating
funding pursuant to this article for the 2015-16 and 2016-17
budget years, "at-risk pupil percentage" means the number of
at-risk pupils included in the local education provider's
membership in grades one through eight, or, for an institute
charter school that does not serve grades one through eight, the
number of at-risk pupils enrolled in the institute charter school,
on October 1 of the budget year for which funding is calculated.
(II) This paragraph (d) is repealed, effective July 1, 2017.
(8) (a) "Average daily membership" means the membership of
a local education provider for each school day, totaled for the
averaging period and divided by the number of school days in the
averaging period. The average daily membership of a district
includes the pupils enrolled in each district charter school of the
district.
(b) (I) Notwithstanding any provision of paragraph (a) of
this subsection (8) to the contrary, for purposes of calculating
funding pursuant to this article for the 2015-16 and 2016-17
budget years, "average daily membership" means the membership
of a local education provider on October 1 of the budget year for
which funding is calculated.
(II) This paragraph (b) is repealed, effective July 1, 2017.
(9) "Averaging period" means a quarter of a school year, a
half of a school year, or the full school year, whichever is
applicable.
(10) "Board of education" means the board of education of
a district.
(11) "Budget year" means the period beginning on July 1 of
each year and ending on the following June 30 for which a budget
for a district is adopted.
(12) "Constitutional property tax revenue limitation"
means the property tax revenue limitation imposed on a district by
section 20 (7) (c) of article X of the state constitution.
(13) "Department" means the department of education
created in section 24-1-115, C.R.S.
(14) "District" means a public school district organized
under the laws of Colorado but does not include a junior college
district.
(15) "District charter school" means a charter school
authorized by a district pursuant to part 1 of article 30.5 of this
title.
(16) "English language learner" means a pupil:
(a) Who is enrolled in an elementary school or secondary
school;
(b) Who is identified as an English language learner based
on an assessment administered by a local education provider
pursuant to article 24 of this title; and
(c) Who is receiving educational services through an
English language proficiency program pursuant to article 24 of
this title.
(17) (a) "English language learner average daily
membership" means the number of English language learner pupils
who are enrolled in a local education provider each school day,
totaled for the averaging period and divided by the number of
school days in the averaging period.
(b) Notwithstanding any provision of this article to the
contrary, the department shall not include an English language
learner pupil in the English language learner average daily
membership of one or more local education providers for more
than five budget years.
(c) The English language learner average daily membership
of a district includes the English language learner pupils
enrolled in each district charter school of the district.
(d) Notwithstanding the provisions of paragraph (c) of
subsection (26) of this section, the English language learner
average daily membership of a local education provider includes
the English language learner pupils enrolled in a multi-district
on-line school of the local education provider.
(e) (I) Notwithstanding any provision of paragraph (a) of
this subsection (17) to the contrary, for purposes of calculating
funding pursuant to this article for the 2015-16 and 2016-17
budget years, "English language learner average daily
membership" means the number of English language learners
included in the local education provider's membership on October
1 of the budget year for which funding is calculated.
(II) This paragraph (e) is repealed, effective July 1, 2017.
(18) "English language learner percentage" means a local
education provider's English language learner average daily
membership divided by the local education provider's adjusted
average daily membership.
(19) "Funded membership" means:
(a) The total of a district's or an institute charter school's
preschool program average daily membership for the funding
averaging period, on-line average daily membership for the
funding averaging period, and ASCENT program average daily
membership for the funding averaging period, and the greater of:
(I) The district's or institute charter school's average daily
membership for the funding averaging period; or
(II) The average of the district's or institute charter
school's average daily membership for the funding averaging
period and the average daily membership for the preceding funding
averaging period; or
(III) The average of the district's or institute charter
school's average daily membership for the funding averaging
period and the average daily membership for the two preceding
funding averaging periods; or
(IV) The average of the district's or institute charter
school's average daily membership for the funding averaging
period and the average daily membership for the three preceding
funding averaging periods; or
(V) The average of the district's or institute charter
school's average daily membership for the funding averaging
period and the average daily membership for the four preceding
funding averaging periods.
(b) Notwithstanding any provision of paragraph (a) of this
subsection (19) to the contrary, for a budget year in which
average daily membership for the funding averaging period is not
available, the department shall use the district's or the institute
charter school's pupil enrollment, as defined in section 22-54-103
(10) as it existed prior to repeal, for that budget year for purposes
of calculating funded membership.
(c) Notwithstanding any provision of this article to the
contrary, for purposes of calculating a district's funded
membership pursuant to paragraph (a) of this subsection (19) only,
pupils who are enrolled in the Colorado preschool program are
included in the district's preschool program average daily
membership and are not included in the district's average daily
membership.
(d) Notwithstanding any provision of law to the contrary,
for purposes of paragraph (a) of this subsection (19), a district's
funded membership does not include a pupil who is or was enrolled
in a charter school that the district originally authorized and
that was subsequently converted on or after July 1, 2010, to an
institute charter school or to a charter school of a district that
is contiguous to the original authorizing district.
(20) (a) "Funding averaging period" means the period that
begins on the first day of the first quarter of the preceding
budget year and continues through the last day of the first
quarter of the then-current budget year.
(b) (I) Notwithstanding any provision of paragraph (a) of
this subsection (20) to the contrary, for purposes of calculating
funding pursuant to this article for the 2015-16 and 2016-17
budget years, "funding averaging period" means October 1 of the
budget year for which funding is calculated.
(II) This paragraph (b) is repealed, effective July 1, 2017.
(21) "Inflation" means percentage change in the consumer
price index for the Denver-Boulder-Greeley consolidated
metropolitan statistical area for all urban consumers, all goods,
as published by the United States department of labor, bureau of
labor statistics, or its successor index.
(22) "Institute charter school" means a charter school that
enters into a charter contract with the state charter school
institute pursuant to the provisions of part 5 of article 30.5 of this
title.
(23) "Investment moneys" means the teaching and leadership
investment moneys allocated to districts and to institute charter
schools pursuant to section 22-54.5-301.
(24) "Joint district" means a district that is located in more
than one county.
(25) "Local education provider" means a district, a district
charter school, or an institute charter school.
(26) (a) "Membership" means the pupils who are enrolled in
a local education provider in preschool pursuant to article 28 of
this title, the pupils who are enrolled in kindergarten, who are
all counted as full-time pupils, the pupils who are enrolled in
grades one through eight, who are counted as either full-time or
part-time pupils, and the pupils who are enrolled in grades nine
through twelve, who are all counted as full-time pupils; except
that a pupil who is participating in a nonpublic home-based
educational program pursuant to section 22-33-104.5 but also
attending a public school for a portion of the school day is
counted as either full-time or part-time, whichever is applicable
based on rules of the state board. The state board, by rule, shall
specify the point at which a pupil is enrolled in a local education
provider and the circumstances under which a pupil ceases to be
enrolled in a local education provider.
(b) For purposes of this article, the membership of a local
education provider includes:
(I) A pupil who is enrolled in a preschool program pursuant
to article 28 of this title, but only if the pupil is at least three
years of age as of October 1 of the applicable averaging period. A
pupil enrolled in a preschool program is counted as a half-time
pupil.
(II) A pupil who is enrolled in a kindergarten educational
program but only if the pupil is:
(A) Five years of age as of October 1 of the applicable
averaging period; or
(B) Four years of age as of October 1 of the applicable
averaging period, and the local education provider or an
administrative unit has identified the pupil as a highly advanced
gifted child for whom early access to kindergarten is appropriate,
as provided in section 22-20-204;
(III) A pupil who is enrolled in first grade, but only if the
pupil is:
(A) At least six years of age on or before October 1 of the
applicable averaging period;
(B) At least five years of age on or before October 1 of the
applicable averaging period and the pupil attended at least one
hundred twenty days of kindergarten in a state other than
Colorado; or
(C) At least five years of age on or before October 1 of the
applicable averaging period, and the local education provider or
an administrative unit has identified the pupil as a highly
advanced gifted child for whom early access to first grade is
appropriate, as provided in section 22-20-204;
(IV) A pupil who is three years of age and receives
educational services under the "Exceptional Children's
Educational Act", article 20 of this title, which pupil is counted as
a half-time pupil;
(V) A pupil who resides within the boundaries of the district
and is receiving educational services under the "Exceptional
Children's Educational Act", article 20 of this title, outside of the
district, for which services the district of residence pays tuition;
(VI) A pupil who is enrolled in an on-line program, as defined
in section 22-30.7-102 (9), or an on-line school, as defined in section
22-30.7-102 (9.5), operated pursuant to article 30.7 of this title by
a local education provider;
(VII) A pupil who is expelled within the applicable budget
year and to whom the local education provider provides
educational services pursuant to section 22-33-203; and
(VIII) A juvenile who is held in an adult jail and to whom the
district provides educational services pursuant to section
22-32-141.
(c) For purposes of this article, membership of a local
education provider does not include:
(I) A pupil who is placed in a facility, as defined in section
22-2-402 (3), and who is receiving services through an approved
facility school, as defined in section 22-2-402 (1);
(II) A pupil who is enrolled in a multi-district on-line
school; or
(III) A pupil who is participating in the ASCENT program.
(27) "Multi-district on-line school" has the same meaning as
provided in section 22-30.7-102 (6).
(28) (a) "On-line average daily membership" means the
number of on-line pupils enrolled each school day in a
multi-district on-line school operated by a local education
provider, totaled for the averaging period and divided by the
number of school days in the averaging period. The state board by
rule shall define "enrollment" for purposes of multi-district
on-line schools. The on-line average daily membership of a district
includes the pupils enrolled in a district charter school of the
district that is a multi-district on-line school.
(b) (I) Notwithstanding any provision of paragraph (a) of
this subsection (28) to the contrary, for purposes of calculating
funding pursuant to this article for the 2015-16 and 2016-17
budget years, "on-line average daily membership" means the
number of pupils enrolled on October 1 of the budget year for
which funding is calculated in a multi-district on-line school
operated by a local education provider.
(II) This paragraph (b) is repealed, effective July 1, 2017.
(29) "Preceding budget year" means the budget year that
immediately precedes the budget year for which funding is
calculated.
(30) (a) "Preschool program average daily membership"
means the number of pupils, counted as half-day pupils, enrolled
each school day pursuant to article 28 of this title in a district
preschool program or an institute charter school preschool
program, totaled for the averaging period and divided by the
number of school days in the averaging period.
(b) (I) Notwithstanding any provision of paragraph (a) of
this subsection (30) to the contrary, for purposes of calculating
funding pursuant to this article for the 2015-16 and 2016-17
budget years, "preschool program average daily membership"
means the number of pupils enrolled pursuant to article 28 of this
title in a district preschool program or in an institute charter
school preschool program and included in the district's or
institute charter school's membership on October 1 of the budget
year for which funding is calculated.
(II) This paragraph (b) is repealed, effective July 1, 2017.
(31) "School day" means:
(a) For a district, a day on which at least one school of the
district is providing educational services to pupils enrolled in the
district, including pupils enrolled in a district charter school of
the district; or
(b) For an institute charter school, a day on which the
institute charter school is providing educational services to
pupils enrolled in the institute charter school.
(32) "School year" means July 1 through the following June
30.
(33) "Specific ownership tax revenue paid to the district"
means the amount of specific ownership tax revenue that a district
receives pursuant to section 42-3-107 (24), C.R.S., for the preceding
budget year that is attributable to all property tax levies made
by the district except those property tax levies made for the
purpose of satisfying bonded indebtedness obligations, both
principal and interest, and those property tax levies authorized
at elections held under the provisions of former section 22-53-117,
or section 22-54-108 or 22-54-108.5 as they existed before repeal,
or section 22-54.5-205, 22-54.5-206, 22-54.5-207, or 22-54.5-208.
(34) "State board" means the state board of education
created in section 1 of article IX of the state constitution.
(35) "State share" means the amount calculated pursuant
to section 22-54.5-203 that a district receives as the state share of
total program.
(36) "Statewide average at-risk pupil percentage" means the
total at-risk pupil average daily membership of all districts and
all institute charter schools divided by the total adjusted
average daily membership of all districts and all institute
charter schools.
(37) (a) "Statewide average daily membership" means the
total membership of all districts and all institute charter
schools in the state each school day and the total number of
pupils enrolled in the multi-district on-line schools of the state
each school day, totaled for the averaging period and divided by
the number of school days in the averaging period.
(b) (I) Notwithstanding any provision of paragraph (a) of
this subsection (37) to the contrary, for purposes of calculating
funding pursuant to this article for the 2015-16 and 2016-17
budget years, "statewide average daily membership" means the
total membership of all districts and all institute charter
schools in the state on October 1 of the budget year for which
funding is calculated.
(II) This paragraph (b) is repealed, effective July 1, 2017.
(38) "Statewide average English language learner
percentage" means the total English language learner average
daily membership of all districts and all institute charter
schools divided by the total adjusted average daily membership
of all districts and all institute charter schools.
(39) "Total program" means:
(a) The funding for a district, as determined pursuant to
section 22-54.5-201, which represents the financial base of support
for public education in that district; or
(b) The funding for an institute charter school, as
determined pursuant to section 22-54.5-202, which represents the
financial base of support for the institute charter school.
(40) "Total program mill levy" means the number of mills
specified in section 22-54.5-203 (3) that a district is expected to
levy for purposes of the district's local share of total program.
22-54.5-104. Rules - general provisions. (1) The state board,
pursuant to the "State Administrative Procedure Act", article 4
of title 24, C.R.S., shall promulgate rules as necessary for the
administration and enforcement of this article.
(2) This article does not affect or limit the authority of a
district to impose such other tax levies as are provided by law.
(3) This article does not affect the right of a district to
obtain or receive moneys that are allowable or payable to the
district under the provisions of other laws.
22-54.5-105. Report - return on investment - cost study -
legislative declaration. (1) The general assembly finds that the
purpose of investing in public education is to generate specific
educational outcomes; as such, the two must be evaluated
together. It is not enough to know how much is invested in the
preschool, elementary, and secondary education system; it is more
important to know how effective the investment is in achieving the
standards-based education goals the general assembly has
established. The general assembly further finds that the
preliminary investments made by this article, supported by the
increase in state tax revenues approved by a statewide ballot
measure, address the most significant deficiencies existing as of
the effective date of this article. But the continued application of
these investments must be monitored on a regular basis to ensure
that they generate the desired results and that the investments
are sufficient to meet the statutory education-reform
requirements. Because the ultimate goal of the standards-based
education system is meeting the educational standards set for
each level, future cost studies must evaluate where failure to
meet those standards indicates a lack of resources and target
future resources to directly address those programs, student
groups, or schools that continue to underperform.
(2) The department shall prepare a report analyzing the
return on the investment provided to districts and institute
charter schools pursuant to this article, as described in
subsection (3) of this section, and a cost study as described in
subsection (4) of this section, to identify any funding deficits with
regard to specific programs, student groups, or other areas that
are critical to districts and institute charter schools. The
department shall submit the report and the cost study to the
state board, the governor, and the education committees of the
senate and the house of representatives, or any successor
committees. The department shall submit the first cost study no
later than January 31, 2016. The department shall submit the
report and subsequent cost studies no later than January 31, 2020,
and no later than January 31 every four years thereafter. The
department shall make the report and the cost study available to
the public on the department web site.
(3) (a) The department may prepare the report of the return
on the investment of the funding provided by this section either
directly or by contract with one or more providers. The report
must analyze the relationship between the funding investments
made through this article and the subsequent levels of student
academic growth and achievement, including progress in
eliminating the growth and achievement gaps among student
groups disaggregated by race, as measured by, at a minimum, the
statewide assessments, school attendance rates, high school
graduation rates, and college remediation rates. Specifically, the
report, at a minimum, must analyze the following:
(I) District size, school size, district and school location,
district and school student demographics, and other district and
school attributes, including but not limited to district and school
calendars, standard class sizes, and specialization in schools and
curricula;
(II) The amount of funding received by each district, each
district charter school, each non-charter public school, and each
institute charter school pursuant to this article and through
categorical program funding;
(III) Student learning conditions within each district, each
school that is not a charter school, each district charter school,
and each institute charter school using data from the biennial
teaching and learning conditions survey administered by the
department pursuant to section 22-2-503, other valid and reliable
data regarding staff, parent, and student perceptions, and other
valid and reliable data that districts and public schools may
provide;
(IV) The levels of achievement on the performance
indicators described in section 22-11-204, including each of the
specific measures, by each district, each district charter school,
each non-charter public school, and each institute charter
school;
(V) The level of investments in programs and initiatives
that are specifically designed to eliminate the growth and
achievement gaps among student groups disaggregated by race;
(VI) The level of investments in expanded learning time
initiatives and the types of initiatives implemented;
(VII) Investments in targeted programs, including programs
to serve at-risk pupils, English language learners, student with
disabilities, and gifted and talented students, and the academic
growth and achievement levels of students within these groups;
(VIII) Concurrent enrollment pursuant to article 35 of this
title, including participation in the ASCENT program,
postsecondary enrollment by students graduating from
Colorado high schools, including the types of postsecondary
certificate and degree programs, and the remediation rates for
those students, analyzed for students as a whole and
disaggregated by race; and
(IX) The postsecondary persistence rates and the number of
years to obtain postsecondary credentials for students who
graduate from Colorado high schools, analyzed for students as
a whole and disaggregated by race.
(b) In addition, the report must confirm the level to which
each district, each district charter school, and each institute
charter school implements the following statutory requirements
with integrity:
(I) The statewide educator effectiveness evaluation system
described in article 9 of this title;
(II) The "Preschool to Postsecondary Education Alignment
Act", part 10 of article 7 of this title;
(III) The "Colorado READ Act", part 12 of article 7 of this
title;
(IV) The "Education Accountability Act of 2009", article 11
of this title; and
(V) The "Exceptional Children's Educational Act", article
20 of this title.
(4) (a) The department shall contract for studies of the
amount of funding required for districts, district charter
schools, and institute charter schools to successfully implement
the "Preschool to Postsecondary Education Alignment Act", part
10 of article 7 of this title, the "Colorado READ Act", part 12 of
article 7 of this title, the "Licensed Personnel Performance
Evaluation Act", article 9 of this title, and the "Education
Accountability Act of 2009", article 11 of this title and to
eliminate the growth and achievement gaps among student groups
disaggregated by race. The cost study must include identification
of specific areas of funding deficit and the amount needed to
remedy the deficit.
(b) In contracting for the cost studies, the department
shall ensure that the studies implement multiple methods,
including but not limited to:
(I) The professional judgement method, which identifies and
measures the resources needed to provide services, estimates the
prices of resources across districts, and tabulates the costs for
all districts and institute charter schools;
(II) The successful school district method, which identifies
representative school districts and schools that meet a chosen
standard of success and assumes that the expenditures in those
school districts and schools are adequate; and
(III) The cost function method, which uses a statistical
method to measure the systematic relationship between actual
expenditures and educational outcomes and predicts the cost of
achieving a desired level of outcome in each district.
(c) In preparing the cost studies, the provider must attempt
to correlate deficits in performance with deficits in funding to
enable the general assembly to identify specific programs,
student groups, or areas of the state that should receive
strategic, targeted increases in funding to improve performance.
22-54.5-106. Effectiveness of article - applicability - rules.
(1) This article takes effect upon the proclamation by the
governor of the vote cast in a statewide election held no later
than November 2017 at which a majority of those voting approve
a citizen-initiated increase in state tax revenues for the purpose
of funding preschool through twelfth grade public education, so
long as the amount of the approved revenue increase is equal to
or greater than the total estimated state fiscal impact
associated with the payment of the state share of total program
pursuant to section 22-54.5-203, investment moneys pursuant to
section 22-54.5-301, hold-harmless moneys pursuant to section
22-54.5-302, and per pupil supplemental payments pursuant to
section 22-54.5-303, in the second budget year commencing after
the increase is approved, as stated in the final fiscal note prepared
for Senate Bill 13-213, enacted in 2013.
(2) The provisions of this article apply in the second budget
year commencing after the statewide election at which the voters
approve the increase in state tax revenues for the purpose of
funding public education and in budget years thereafter; except
that, in the first budget year commencing after the statewide
election:
(a) The department shall recalculate the state and local
shares of total program pursuant to section 22-54.5-203; and
(b) The state board may promulgate such rules as may be
necessary to implement the provisions of this article.
PART 2
TOTAL PROGRAM
AND LOCAL REVENUES
22-54.5-201. District total program. (1) The department shall
apply the provisions of this section to calculate for each district
an amount that represents the financial base of support for public
education in that district, which amount is known as the district's
total program. Each district's total program is available to the
district to fund the costs of providing public education, and,
except as otherwise provided in section 22-54.5-410, the district has
discretion concerning the amounts and purposes for which the
moneys are budgeted and expended.
(2) Total program funding. A district's total program is
calculated as:
(District's per pupil funding x (District's funded
membership - District's on-line average daily
membership - District's ASCENT program average
daily membership)) + District's at-risk funding +
District's English language learner funding +
District's on-line funding + District's ASCENT
program funding.
(3) District per pupil funding. (a) The department shall
calculate a district's per pupil funding using the following
formula:
Statewide base per pupil funding x District size
factor.
(b) Statewide base per pupil funding. (I) For the 2014-15
budget year, the statewide base per pupil funding is the amount
specified in section 22-54-104 (5).
(II) For the 2015-16 budget year and each budget year
thereafter, statewide base per pupil funding must annually
increase over the amount established for the preceding budget
year by the rate of inflation, as defined in section 20 (2) (f) of
article X of the state constitution, for the preceding budget year.
(c) District size factor. (I) The department shall calculate
each district's size factor using the following formula:
If the district's funded The district's
membership count is: size factor shall be:
Less than 276 1.5457 + (0.00376159 x the
difference between the funded
membership and 276).
276 or more
but less than 459 1.2385 + (0.00167869 x the
difference between the funded
membership and 459).
459 or more
but less than 1,027 1.1215 + (0.00020599 x the
difference between the funded
membership and 1,027).
1,027 or more
but less than 2,293 1.0533 + (0.00005387 x the
difference between the funded
membership and 2,293).
2,293 or more
but less than 4,023 1.0297 + (0.00001364 x the
difference between the funded
membership and 4,023).
4,023 or more
but less than 4,300 1.0 + (0.00010722 x the difference
between the funded membership
and 4,300).
4,300 or more 1.0.
(II) If the reorganization of a district or districts results
in one or more of the districts involved in the reorganization
having a higher size factor than the original district or districts
had for the budget year immediately preceding reorganization,
the size factor for each subsequent budget year for the districts
involved in the reorganization is the size factor that the original
district or districts had for the budget year preceding the
reorganization or, if two or more districts reorganize into a
single district, the size factor of the original district with the
lowest size factor for the budget year immediately preceding the
reorganization. A district involved in the reorganization shall
not, for any budget year, be allowed the size factor that would
otherwise be provided by this paragraph (c).
(III) If the reorganization of a district or districts results
in one or more of the districts involved in the reorganization
having a lower size factor than the original district or districts
had for the budget year immediately preceding reorganization,
the size factor for the new district or districts is determined as
follows:
(A) For the first budget year following reorganization, the
size factor of the original district for the budget year
immediately preceding reorganization or, if two or more districts
are involved in the reorganization, the weighted average size
factor of the original districts for the budget year immediately
preceding reorganization. For purposes of this sub-subparagraph
(A), the weighted average size factor is the sum of the amounts
calculated by multiplying the funded membership of the original
districts by the size factor of the original districts and dividing
that sum by the total funded membership of the original districts.
(B) For the second budget year following reorganization,
the size factor for the prior budget year minus an amount equal
to one-fifth of the difference between the size factor for the prior
budget year and the size factor determined pursuant to
subparagraph (I) of this paragraph (c);
(C) For the third budget year following reorganization,
the size factor for the prior budget year minus an amount equal
to one-fourth of the difference between the size factor for the
prior budget year and the size factor determined pursuant to
subparagraph (I) of this paragraph (c);
(D) For the fourth budget year following reorganization,
the size factor for the prior budget year minus an amount equal
to one-third of the difference between the size factor for the
prior budget year and the size factor determined pursuant to
subparagraph (I) of this paragraph (c);
(E) For the fifth budget year following reorganization, the
size factor for the prior budget year minus an amount equal to
one-half of the difference between the size factor for the prior
budget year and the size factor determined pursuant to
subparagraph (I) of this paragraph (c);
(F) For the sixth budget year following reorganization and
budget years thereafter, the size factor determined pursuant to
subparagraph (I) of this paragraph (c).
(IV) The funded membership used to calculate a district's
size factor pursuant to this paragraph (c) is the funded membership
of the district reduced by sixty-five percent of the number of
pupils included in the funded membership who are enrolled in
charter schools of the district; except that the provisions of this
subparagraph (IV) apply only to those districts with a funded
membership of five hundred or less.
(4) District at-risk funding. (a) Formulas. The department
shall calculate a district's at-risk funding using one of the
following formulas:
(I) If the district's at-risk pupil percentage is equal to or
less than the statewide average at-risk pupil percentage, the
department shall use the following formula:
(Statewide base per pupil funding x 20%) x District's
at-risk pupil average daily membership.
(II) If the district's at-risk pupil percentage is greater than
the statewide average at-risk percentage, the department shall
use the following formula:
((Statewide base per pupil funding x 20%) x (Statewide
average at-risk pupil percentage x District's adjusted
average daily membership)) + ((Statewide base per
pupil funding x District's at-risk factor) x (District's
at-risk pupil average daily membership - (Statewide
average at-risk pupil percentage x District's adjusted
average daily membership))).
(b) At-risk factor. If the district's at-risk pupil percentage is
greater than the statewide average at-risk pupil percentage, the
district's at-risk factor is twenty percent plus a 0.40 percentage
point for each percentage point that the district's at-risk pupil
percentage exceeds the statewide average at-risk pupil
percentage; except that a district's at-risk factor shall not
exceed forty percent.
(5) District English language learner funding. (a) Formulas. The
department shall calculate a district's English language learner
funding using one of the following formulas:
(I) If the district's English language learner percentage is
equal to or less than the statewide average English language
learner percentage, the department shall use the following
formula:
(Statewide base per pupil funding x 20%) x District's
English language learner average daily membership.
(II) If the district's English language learner percentage is
greater than the statewide average English language learner
percentage, the department shall use the following formula:
((Statewide base per pupil funding x 20%) x (Statewide
average English language learner percentage x
District's adjusted average daily membership)) +
((Statewide base per pupil funding x District's English
language learner factor) x (District's English
language learner average daily membership -
(Statewide average English language learner
percentage x District's adjusted average daily
membership))).
(b) English language learner factor. If the district's English
language learner percentage is greater than the statewide
average English language learner percentage, the district's
English language learner factor is twenty percent plus a 0.80
percentage point for each percentage point that the district's
English language learner percentage exceeds the statewide
average English language learner percentage; except that a
district's English language learner factor shall not exceed forty
percent.
(6) District on-line funding. A district's on-line funding is an
amount equal to the district's on-line average daily membership
multiplied by the statewide base per pupil funding specified in
paragraph (b) of subsection (3) of this section for the applicable
budget year.
(7) District ASCENT program funding. A district's ASCENT
program funding is an amount equal to the district's ASCENT
program average daily membership multiplied by the statewide
base per pupil funding specified in paragraph (b) of subsection (3) of
this section for the applicable budget year.
22-54.5-202. Total program - institute charter schools. (1) The
calculation of total program pursuant to the provisions of this
section represents the financial base of support for each institute
charter school, which amount is known as the institute charter
school's total program. Each institute charter school's total
program is available to the institute charter school to fund the
costs of providing public education to pupils enrolled in the
institute charter school. The institute charter school has
discretion concerning the amounts and purposes for which the
moneys are budgeted and expended.
(2) Total program funding. An institute charter school's
total program is calculated using the per pupil funding of the
institute charter school's accounting district as calculated
pursuant to section 22-54.5-201 (3). The formula for an institute
charter school's total program is:
(Accounting district's per pupil funding x (Institute
charter school's funded membership - Institute
charter school's on-line average daily membership -
Institute charter school's ASCENT program average
daily membership)) + Institute charter school's mill
levy equalization funding + Institute charter
school's at-risk funding + Institute charter school's
English language learner funding + Institute charter
school's on-line funding + Institute charter school's
ASCENT program funding.
(3) Institute charter school mill levy equalization funding.
(a) Formula. The department shall calculate an institute charter
school's mill levy equalization funding using the following
formula:
(Accounting district's per pupil funding x Institute
charter school's mill levy equalization factor) x
(Institute charter school's funded membership -
Institute charter school's ASCENT program average
daily membership).
(b) Mill levy equalization factor. (I) The department shall
annually calculate the mill levy equalization factor for each
institute charter school using the following formula:
Per pupil mill levy equalization ö Accounting
district's per pupil funding.
(II) The department shall annually calculate the per pupil
mill levy equalization as an amount equal to the local property
tax revenues that the accounting district is authorized to collect
for the preceding budget year that are in addition to the
accounting district's total program mill levy revenues but not
including any revenues authorized pursuant to section 22-40-110
or article 42 or article 43 of this title, divided by the accounting
district's funded membership, minus ASCENT program average
daily membership, for the funding averaging period for the
preceding budget year.
(4) Institute charter school at-risk funding. (a) Formulas. The
department shall calculate an institute charter school's at-risk
funding using one of the following formulas:
(I) If the institute charter school's at-risk pupil percentage
is equal to or less than the statewide average at-risk pupil
percentage, the department shall use the following formula:
(Statewide base per pupil funding x 20%) x Institute
charter school's at-risk pupil average daily
membership.
(II) If the institute charter school's at-risk pupil percentage
is greater than the statewide average at-risk percentage, the
department shall use the following formula:
((Statewide base per pupil funding x 20%) x (Statewide
average at-risk pupil percentage x Institute charter
school's adjusted average daily membership)) +
((Statewide base per pupil funding x Institute charter
school's at-risk factor) x (Institute charter school's
at-risk pupil average daily membership - (Statewide
average at-risk pupil percentage x Institute charter
school's adjusted average daily membership))).
(b) At-risk factor. If the institute charter school's at-risk
pupil percentage is greater than the statewide average at-risk
pupil percentage, the institute charter school's at-risk factor is
twenty percent plus a 0.40 percentage point for each percentage
point that the institute charter school's at-risk pupil percentage
exceeds the statewide average at-risk pupil percentage; except
that an institute charter school's at-risk factor shall not exceed
forty percent.
(5) Institute charter school English language learner funding.
(a) Formulas. The department shall calculate an institute
charter school's English language learner funding using one of
the following formulas:
(I) If the institute charter school's English language
learner percentage is equal to or less than the statewide average
English language learner percentage, the department shall use
the following formula:
(Statewide base per pupil funding x 20%) x Institute
charter school's English language learner average
daily membership.
(II) If the institute charter school's English language
learner percentage is greater than the statewide average English
language learner percentage, the department shall use the
following formula:
((Statewide base per pupil funding x 20%) x (Statewide
average English language learner percentage x
Institute charter school's adjusted average daily
membership)) + ((Statewide base per pupil funding x
Institute charter school's English language learner
factor) x (Institute charter school's English
language learner average daily membership -
(Statewide average English language learner
percentage x Institute charter school's adjusted
average daily membership))).
(b) English language learner factor. If the institute charter
school's English language learner percentage is greater than the
statewide average English language learner percentage, the
institute charter school's English language learner factor is
twenty percent plus a 0.80 percentage point for each percentage
point that the institute charter school's English language
learner percentage exceeds the statewide average English
language learner percentage; except that an institute charter
school's English language learner factor shall not exceed forty
percent.
(6) Institute charter school on-line funding. An institute
charter school's on-line funding is an amount equal to the
institute charter school's on-line average daily membership
multiplied by the statewide base per pupil funding specified in
section 22-54.5-201 (3) (b) for the applicable budget year.
(7) Institute charter school ASCENT program funding. An
institute charter school's ASCENT program funding is an amount
equal to the institute charter school's ASCENT program average
daily membership multiplied by the statewide base per pupil
funding specified in section 22-54.5-201 (3) (b) for the applicable
budget year.
22-54.5-203. Local and state shares of district total program -
total program mill levy - calculation. (1) (a) No later than July 1,
2015, no later than July 1, 2020, and no later than July 1 every six
years thereafter, the department shall calculate the local share
and state share for each district as provided in subsection (2) of
this section. The department shall perform the calculation using
the most recent assessed valuations of property, the median
family income levels based on the most recent American
community survey conducted by the United States census bureau,
and the membership calculations for the most recent funding
averaging period.
(b) Based on each district's local share of total program
calculated pursuant to paragraph (a) of this subsection (1), the
department, as provided in subsection (3) of this section, shall
calculate the number of mills that each district is expected to
levy beginning in the first budget year following recalculation
of the local share and state share and for each budget year
thereafter until the department again recalculates the local
share and state share of total program pursuant to paragraph (a)
of this subsection (1).
(2) Calculation of local and state shares. (a) Statewide
percentage of state and local shares. For the 2015-16 budget year and
for each budget year thereafter through the 2019-20 budget year,
the statewide local share of total program is forty percent, and
the statewide state share of total program is sixty percent for
purposes of calculating the local share pursuant to paragraph (c)
of this subsection (2).
(b) Calculation of state share for each district. Each district's
state share of total program is the difference between the
district's total program and an amount equal to the amount of
specific ownership tax revenue paid to the district for the
applicable budget year plus the amount of property tax revenue
that the district is entitled to receive from levying the number of
mills identified as the district's total program mill levy pursuant
to subsection (3) of this section, assuming one hundred percent
collection, for the applicable budget year.
(c) Calculation of local share for each district. (I) For purposes
of calculating each district's total program mill levy, each
district's local share of total program is an amount equal to the
district's total program for the budget year in which the
department calculates the local share multiplied by the district's
local share ratio. A district's local share ratio is an amount
equal to one minus the square root of:
(District's equalization ratio squared + (District's
at-risk pupil average daily membership ö District's
adjusted average daily membership) squared) ö 2.
(II) Each district's equalization ratio is equal to:
1 - (0.4 x ((District's normalized adjusted assessed
valuation ö District's average daily membership) ö
(Statewide assessed valuation ö Statewide average
daily membership))).
(III) Notwithstanding the provisions of subparagraph (II) of
this paragraph (c), if the calculation of a district's equalization
ratio results in a negative number, the district's equalization
ratio is zero.
(IV) The adjusted assessed valuation is an amount equal to
the assessed valuation for a district multiplied by the ratio that
the median family income of the district bears to the statewide
median family income. To ensure that the total statewide adjusted
assessed valuation equals the total statewide assessed
valuation, a district's normalized adjusted assessed valuation is
an amount equal to:
Statewide assessed valuation x (District's adjusted
assessed valuation ö Statewide adjusted assessed
valuation).
(3) Total program mill levy. (a) Using each district's local
share calculated pursuant to subsection (2) of this section, the
department shall calculate for each district the number of mills
necessary to produce property tax revenues in an amount equal
to the district's calculated local share of total program minus
the amount of specific ownership tax revenue paid to the district
for the property tax year in which the department calculated the
district's local share. The department shall calculate the number
of mills using the district's assessed valuation of property for the
property tax year in which the department calculated the
district's local share.
(b) Except as otherwise provided in paragraphs (c) and (d) of
this subsection (3), beginning with the first budget year following
the calculation of state and local shares pursuant to this section
and in each of the following budget years until the department
recalculates the state and local shares, each district shall levy
the greater of:
(I) The number of mills calculated for the district pursuant
to paragraph (a) of this subsection (3), but not more than
twenty-five mills; or
(II) The number of mills that the district levied in the
preceding budget year.
(c) If the total program mill levy under paragraph (b) of
this subsection (3) for a district that has not obtained voter
approval to retain and spend revenues in excess of the
constitutional property tax revenue limitation is greater than
the number of mills allowable under the constitutional property
tax revenue limitation, the district's total program mill levy is
the maximum number of mills allowable under the constitutional
property tax revenue limitation. In calculating local growth for
purposes of determining the constitutional property tax revenue
limitation imposed on a district under this paragraph (c), a
district's student enrollment is the district's funded membership.
(d) If a district's total program as calculated before
application of the negative factor pursuant to section 22-54-104
(5) (g), as it existed prior to repeal, for the 2014-15 budget year is
greater than the district's total program calculated pursuant to
section 22-54.5-201 for the 2015-16 budget year, and the amount of
property tax revenue generated by the district's total program
mill levy plus the amount of specific ownership tax revenue paid
to the district is greater than the district's total program as
calculated pursuant to section 22-54.5-201 for the 2015-16 budget
year, then the district's total program mill levy is reduced by the
number of mills required to generate property tax revenue in an
amount equal to the difference between the district's total
program as calculated before application of the negative factor
pursuant to section 22-54-104 (5) (g), as it existed prior to repeal,
for the 2014-15 budget year and the district's total program
calculated pursuant to section 22-54.5-201 for the 2015-16 budget
year. The amount by which property tax revenue is reduced
pursuant to this paragraph (d) is counted toward the limitation on
additional local revenues for cost of living expenses as provided
in section 22-54.5-208 (4).
(e) If a district's total program mill levy, as reduced
pursuant to paragraph (d) of this subsection (3), if applicable,
produces an amount of property tax revenue that exceeds the
district's total program in a budget year, the district shall use
the excess revenues to replace categorical program support funds
as provided in section 22-54.5-204.
(f) The department shall round the mill levies assigned by
this section to the nearest thousandth of one mill.
(4) (a) If a district's total program mill levy, as calculated
pursuant to subsection (3) of this section, is greater than the mill
levy required for the preceding budget year, the district may seek
voter approval for a mill levy increase during the period for
which the total program mill levy applies.
(b) If for any reason, including the outcome of an election,
a district does not certify the full total program mill levy, the
department shall annually calculate the amount of the district's
state share of total program as if the district receives local
revenues in the amount that would be raised by the district's
total program mill levy, assuming one-hundred-percent
collection, plus the amount of specific ownership tax revenues
paid to the district.
(c) If a district that has obtained voter approval to retain
and spend revenues in excess of the constitutional property tax
revenue limitation obtains voter approval after March 16, 2009,
to again become subject to the constitutional property tax
revenue limitation, the department shall calculate the district's
state share of total program as if the district levied the number
of mills that it would have levied in the applicable budget year if
the district had maintained its authority to retain and spend
revenues in excess of the property tax revenue limitation.
(d) If a district before, on, or after the effective date of this
section reduces or ends business personal property taxes through
action taken pursuant to section 20 (8) (b) of article X of the state
constitution, the state share of the district's total program for
the budget year in which the action is taken and any budget year
thereafter is the amount by which the district's total program
exceeds the amount of specific ownership tax revenue paid to the
district and the amount of property tax revenue that the district
would have been entitled to receive if the district had not taken
the action.
(5) (a) Except as otherwise provided in sections 22-54.5-205
to 22-54.5-208, a district shall not certify a levy for its general
fund in excess of that authorized by this section; except that, if a
district's certified levy before the effective date of this section
included a levy authorized by section 22-53-117, 22-54-106 (2) (b),
22-54-107, 22-54-107.5, 22-54-108, or 22-54-108.5, as these sections
existed prior to repeal, the district may continue to certify a levy
that includes those levies.
(b) A district shall not seek voter approval to impose
additional mill levies for its general fund in excess of that
authorized by this section and sections 22-54.5-205 to 22-54.5-208.
Voter approval obtained by a district under section 20 of article
X of the state constitution to be capable of receiving additional
revenues within the limitations on the district's fiscal year
spending for any budget year does not constitute voter approval
for the district to certify a levy for its general fund in excess of
that authorized by this section and sections 22-54.5-205 to
22-54.5-208.
(6) Each district shall use the property tax revenue that it
is entitled to receive from the total program mill levy to fund the
district's local share of total program for the budget year
beginning on July 1 of the property tax year. The total amount of
the revenue is considered to be collected during the budget year
for purposes of determining the state share of the district's total
program.
(7) (a) If a new district is created through a deconsolidation
as described in section 22-30-102 (2) (a), the specific ownership tax
revenue payable to the new district in the first year of operation
is an amount equal to the ratio of the total valuation for
assessment of taxable property located in the new district to the
total valuation for assessment of taxable property located in
the old district multiplied by the specific ownership tax revenue
payable to the old district.
(b) Beginning with the first July specific ownership tax
payment due after the new district is established and continuing
until the new district receives its first payment of specific
ownership tax revenues from the county treasurer, the
department shall:
(I) Increase the state's share of the new district's total
program by an amount equal to the ratio of the total valuation
for assessment of taxable property located in the new district to
the total valuation for assessment of taxable property located
in the old district multiplied by the specific ownership tax revenue
payable to the old district; and
(II) Reduce the state's share of the old district's total
program by the same amount.
22-54.5-204. Buy-out of categorical programs. (1) If a district's
total program mill levy, as reduced pursuant to section
22-54.5-203 (3) (d), if applicable, results in an amount of property
tax revenue that exceeds the district's total program, the district
shall use the excess revenue to replace, on a pro rata basis, any
categorical program support moneys that the district would
otherwise be eligible to receive from the state. The department
shall use the amount of categorical program support moneys
replaced by local property tax revenue pursuant to the provisions
of this subsection (1) to make payments of categorical program
support moneys to eligible districts. If the appropriations for
categorical programs are less than the total categorical
program support moneys to which districts are entitled under
applicable provisions of law, the department shall apply the
moneys that are replaced by local property tax revenue to
categorical programs in the following order:
(a) First, transportation aid pursuant to article 51 of this
title;
(b) Second, small attendance center aid pursuant to section
22-54.5-306; and
(c) Third, moneys pursuant to the "Exceptional Children's
Educational Act", article 20 of this title.
(2) For purposes of this section, "categorical program
support moneys that the district would otherwise be eligible to
receive from the state" means amounts that the district would
have received from the state but that will be received instead
from property tax revenues by reason of this section and includes
moneys pursuant to the "Exceptional Children's Educational Act",
article 20 of this title, transportation aid pursuant to article 51
of this title, small attendance center aid pursuant to section
22-54.5-306, and vocational education aid pursuant to article 8 of
title 23, C.R.S. Moneys received by an administrative unit under
the "Exceptional Children's Educational Act", article 20 of this
title, as reimbursement for services provided to children counted
in the average daily membership of a district are considered to be
categorical program support moneys that the district would
otherwise be eligible to receive from the state for purposes of this
subsection (2).
(3) A district that levied additional mills pursuant to
section 22-54-107, as it existed prior to repeal, to generate
property tax revenues in an amount equal to the amount of
categorical program support moneys that the district would
otherwise be eligible to receive from the state shall continue
collecting those property tax revenues and using the revenues to
replace categorical support moneys as provided in this section.
22-54.5-205. Authorization of additional local revenues -
operating moneys. (1) (a) The board of education of a district may
seek to raise and expend local property tax revenues in excess of
the district's total program by submitting to the eligible electors
of the district the question of whether the district should be
authorized to raise and expend additional local property tax
revenues, subject to the limitations of subsection (3) of this
section. In addition, if a district receives by proper submittal a
valid initiative petition to raise and expend local property tax
revenues in excess of the district's total program, subject to the
limitations of subsection (3) of this section, the board of education
of the district must submit the question to the eligible electors of
the district. An initiative petition submitted pursuant to this
subsection (1) must be signed by at least five percent of the
eligible electors in the district at the time the petition is filed.
(b) Notwithstanding any provision of paragraph (a) of this
subsection (1) to the contrary, a district that does not receive per
pupil supplemental payments pursuant to section 22-54.5-303 must
levy its full total program mill levy before it may seek voter
approval, whether by action of the board of education or by
initiative petition, to raise and expend local property tax
revenues pursuant to this section.
(2) A district must submit the question to raise and expend
additional local property taxes pursuant to this section to the
eligible electors at an election held in accordance with section
20 of article X of the state constitution and title 1, C.R.S. If the
question is approved by a majority of the eligible electors voting
in the election, the district is authorized to collect the
additional levy in excess of the district's total program mill levy
for the district's general fund for the then-current budget year
and each budget year thereafter.
(3) (a) Notwithstanding the provisions of section 20 of
article X of the state constitution that allow districts to seek
voter approval for spending and revenue increases, the provisions
of this subsection (3) limit a district's authority to raise and
expend local property tax revenues in excess of the district's
total program.
(b) The total additional local property tax revenues that
a district may receive pursuant to elections held pursuant to this
section shall not exceed under any circumstances the greater of:
(I) Twenty-five percent of the district's total program, plus
the amount of investment moneys the district receives, for the
applicable budget year;
(II) Twenty-five percent of the sum of:
(A) The district's total program as calculated for the
2014-15 budget year pursuant to section 22-54-104, as it existed
prior to repeal, before application of the negative factor
pursuant to section 22-54-104 (5) (g) as it existed prior to repeal;
plus
(B) The total per pupil supplemental payments the district
receives pursuant to section 22-54.5-303 for the applicable budget
year; plus
(C) The amount, if any, of additional local revenues the
district receives for the applicable budget year as a result of a
mill levy increase for a cost of living adjustment approved before
June 7, 2002, pursuant to section 22-54-107.5, as it existed prior to
repeal, or for a cost of living adjustment approved pursuant to
section 22-54-108, as specifically authorized by the limitation
increase in section 22-54-108 (3) (b) (III) (A), as it existed prior to
repeal; plus
(D) The amount of investment moneys the district receives
for the applicable budget year; plus
(E) The amount, if any, of excess revenue the district
expends pursuant to section 22-54.5-204 for the applicable budget
year to replace categorical program support moneys; plus
(F) The amount, if any, the district receives from the state
in categorical program support moneys for the applicable budget
year; or
(III) Two hundred thousand dollars.
(c) The following revenues apply to calculating the
limitation in this subsection (3):
(I) Any additional local property tax revenues authorized
for a district at elections held pursuant to section 22-53-117,
22-54-107, 22-54-107.5, or 22-54-108, as each section existed prior to
repeal;
(II) The difference between the district's total program for
the 1994-95 budget year, as calculated pursuant to section
22-54-104.3 (3), as it existed prior to repeal, and the district's total
program for the 1994-95 budget year, as calculated pursuant to
section 22-54-104 (2), as it existed prior to repeal; and
(III) The amount of property tax generated pursuant to
section 22-54-106 (2) (b) (III), as it existed prior to repeal.
(d) The following authorizations for additional local
property tax revenues do not apply in calculating the district's
limitation under this subsection (3):
(I) Any additional local property tax revenues authorized
to replace categorical support funds with local property tax
revenues as provided in section 22-54-107, as it existed prior to
repeal;
(II) Any additional local property tax revenues authorized
for a district for purposes of full-day kindergarten as provided
in section 22-54-108.5, as it existed prior to repeal;
(III) Any additional local property tax revenues authorized
for early childhood education programs as provided in section
22-54.5-206;
(IV) Any additional local property tax revenues
authorized for building maintenance and operation as provided in
section 22-54.5-207; or
(V) Any additional local property tax revenues authorized
for cost of living expenses as provided in section 22-54.5-208.
(e) Any portion of the specific ownership tax paid to the
district does not apply in calculating the limitation under this
subsection (3).
(f) If the additional local property tax revenues already
authorized exceeds the limitation, the district shall not hold an
election pursuant to the provisions of this section until the
limitation is greater than the additional local property tax
revenues already authorized.
(4) If a district received voter approval for additional
local property tax revenues pursuant to section 22-53-117,
22-54-107.5, 22-54-108, or 22-54-108.5, as these sections existed prior
to repeal, the district may continue collecting the approved
additional local property tax revenues and using the revenues
for the purposes and time period authorized by the voters.
22-54.5-206. Authorization of additional local revenues - early
childhood education. (1) (a) The board of education of a district
may seek to raise and expend local property tax revenues in
excess of the district's total program to provide funding for early
childhood education programs in the district by submitting to the
eligible electors of the district the question of whether the
district should be authorized to raise and expend additional local
property tax revenues for that purpose. The question may also
include a question of whether to impose an additional mill levy of
a stated amount and limited duration to meet the initial capital
construction needs of the district associated with the
establishment of an early childhood education program.
(b) In addition, if a district receives by proper submittal a
valid initiative petition to raise and expend local property tax
revenues in excess of the district's total program to provide
funding for early childhood education programs, which initiative
petition may include funding of a stated amount and limited
duration to meet the initial capital construction needs associated
with an early childhood education program, the board of
education of the district must submit the question to the eligible
electors of the district. An initiative petition submitted pursuant
to this paragraph (b) must be signed by at least five percent of the
eligible electors in the district at the time the petition is filed.
(c) If a mill levy question submitted to the eligible electors
of a district pursuant to paragraph (a) or (b) of this subsection (1)
for capital construction needs associated with the district's
early childhood education program is approved for more than one
year, the board of education of the district may, without calling
an election, decrease the amount or duration of the mill levy in
subsequent years.
(d) Notwithstanding any provision of paragraph (a) or (b) of
this subsection (1) to the contrary, a district that does not
receive per pupil supplemental payments pursuant to section
22-54.5-303 must levy its full total program mill levy before it
may seek voter approval, whether by action of the board of
education or by initiative petition, to raise and expend local
property tax revenues pursuant to this section.
(2) A district must submit the question to raise and expend
additional local property taxes pursuant to this section to the
eligible electors at an election held in accordance with section
20 of article X of the state constitution and title 1, C.R.S. If the
question is approved by a majority of the eligible electors voting
in the election, the district is authorized to collect the
additional levy for the then-current budget year and each
budget year thereafter for the purposes specified in subsection (1)
of this section, which additional levy is in excess of the district's
total program mill levy and in excess of any other authorized
additional local property tax levies.
(3) If a majority of the votes cast in an election held
pursuant to subsection (2) of this section are in favor of the
question, the district shall levy the additional mill levy each
year and deposit the revenues received from the additional mill
levy in the early childhood education fund of the district created
in section 22-45-103 (1) (h). If the district obtains voter approval
for an additional mill levy to meet the capital construction needs
associated with the district's early childhood education program,
the district shall deposit the revenues generated from that mill
levy in the capital construction account of the district's early
childhood education fund.
(4) Notwithstanding the provisions of section 20 of article
X of the state constitution that allow districts to seek voter
approval for spending and revenue increases, the provisions of this
section limit a district's authority to raise and expend local
property tax revenues in excess of the district's total program.
(5) A district that obtains voter approval pursuant to this
section to impose an additional mill levy to fund early childhood
education programs in the district must establish its early
childhood education program using evidence-based research
demonstrating the types of programs and methods appropriate for
an early childhood education program.
22-54.5-207. Authorization of additional local revenues -
technology and building maintenance and operation. (1) (a) The board
of education of a district may seek to raise and expend local
property tax revenues in excess of the district's total program to
provide funding for technology and building maintenance and
operation by submitting to the eligible electors of the district the
question of whether the district should be authorized to raise and
expend additional local property tax revenues for that purpose.
In addition, if a district receives by proper submittal a valid
initiative petition to raise and expend local property tax revenues
in excess of the district's total program to provide funding for
technology and building maintenance and operation, the board of
education of the district must submit the question to the eligible
electors of the district. An initiative petition submitted pursuant
to this subsection (1) must be signed by at least five percent of the
eligible electors in the district at the time the petition is filed.
(b) Notwithstanding any provision of paragraph (a) of this
subsection (1) to the contrary, a district that does not receive per
pupil supplemental payments pursuant to section 22-54.5-303 must
levy its full total program mill levy before it may seek voter
approval, whether by action of the board of education or by
initiative petition, to raise and expend local property tax
revenues pursuant to this section.
(2) A district must submit the question to raise and expend
additional local property taxes pursuant to this section to the
eligible electors at an election held in accordance with section
20 of article X of the state constitution and title 1, C.R.S. If the
question is approved by a majority of the eligible electors voting
in the election, the district is authorized to collect the
additional levy for the then-current budget year and each
budget year thereafter for the purposes specified in subsection (1)
of this section, which additional levy is in excess of the district's
total program mill levy and in excess of any other authorized
additional local property tax levies.
(3) If a majority of the votes cast in an election held
pursuant to subsection (2) of this section are in favor of the
question, the district shall levy the additional mill levy each
year and deposit the revenues received from the additional mill
levy in the technology and building maintenance and operation
fund of the district created in section 22-45-103 (1) (i).
(4) Notwithstanding the provisions of section 20 of article
X of the state constitution that allow districts to seek voter
approval for spending and revenue increases, the provisions of this
section limit a district's authority to raise and expend local
property tax revenues in excess of the district's total program.
22-54.5-208. Authorization of additional local revenues - cost of
living expenses. (1) (a) The board of education of a district may
seek to raise and expend local property tax revenues in excess of
the district's total program, subject to the limitations specified in
subsection (4) of this section, to provide funding for cost of living
expenses for district employees by submitting to the eligible
electors of the district the question of whether the district
should be authorized to raise and expend additional local
property tax revenues for that purpose. In addition, if a district
receives by proper submittal a valid initiative petition to raise and
expend local property tax revenues in excess of the district's
total program, subject to the limitations specified in subsection (4)
of this section, to provide funding for cost of living expenses for
district employees, the board of education of the district must
submit the question to the eligible electors of the district. An
initiative petition submitted pursuant to this subsection (1) must
be signed by at least five percent of the eligible electors in the
district at the time the petition is filed.
(b) Notwithstanding any provision of paragraph (a) of this
subsection (1) to the contrary, a district that does not receive per
pupil supplemental payments pursuant to section 22-54.5-303 must
levy its full total program mill levy before it may seek voter
approval, whether by action of the board of education or by
initiative petition, to raise and expend local property tax
revenues pursuant to this section.
(2) A district must submit the question to raise and expend
additional local property taxes pursuant to this section to the
eligible electors at an election held in accordance with section
20 of article X of the state constitution and title 1, C.R.S. If the
question is approved by a majority of the eligible electors voting
in the election, the district is authorized to collect the
additional levy for the then-current budget year and each
budget year thereafter for the purposes specified in subsection (1)
of this section, which additional levy is in excess of the district's
total program mill levy and in excess of any other authorized
additional local property tax levies.
(3) If a majority of the votes cast in an election held
pursuant to subsection (2) of this section are in favor of the
question, the district shall levy the additional mill levy each
year and use the revenues received from the additional mill levy
to offset the cost of living expenses incurred by the employees of
the district.
(4) (a) Notwithstanding the provisions of section 20 of
article X of the state constitution that allow districts to seek
voter approval for spending and revenue increases, the provisions
of this section limit a district's authority to raise and expend
local property tax revenues in excess of the district's total
program.
(b) (I) The total additional local property tax revenues
that a district may receive pursuant to elections held pursuant to
this section shall not exceed under any circumstances an amount
equal to the portion of the district's total program generated by
application of the district's cost of living factor, calculated for
the 2014-15 budget year pursuant to section 22-54-104 (5) (c), as it
existed prior to repeal, before application of the negative factor
required in section 22-54-104 (5) (g), as it existed prior to repeal.
(II) Notwithstanding any provision of subparagraph (I) of
this paragraph (b) to the contrary, beginning with the 2016-17
budget year, the limitation on the amount of additional property
tax revenue that a district may raise pursuant to this section
increases annually by the rate of inflation.
(c) The amount by which a district's total program property
tax revenue is reduced pursuant to section 22-54.5-203 (3) (d)
applies to calculating the limitation in this subsection (4).
(d) Any portion of the specific ownership tax paid to the
district does not apply in calculating the limitation under this
subsection (4).
(e) If the additional local property tax revenues already
authorized exceeds the limitation specified in this subsection (4),
the district shall not hold an election pursuant to the provisions
of this section until the limitation is greater than the additional
local property tax revenues already authorized.
(5) For purposes of this section, "cost of living expenses"
includes the costs of food, housing, clothing, and transportation
that may be greater within the district than in other areas of the
state because of the economic conditions existing within the
district.
22-54.5-209. Loans to alleviate cash flow deficits -
lease-purchase agreements - definitions. (1) (a) (I) Upon approval by
the state treasurer of an application to participate in an
interest-free or low-interest loan program submitted by a district
pursuant to paragraph (b) of this subsection (1), the state
treasurer shall make available to the district in any month of the
budget year an interest-free or low-interest loan from the state
general fund or from the proceeds of the tax and revenue
anticipation notes issued pursuant to section 29-15-112, C.R.S., in
an amount for the month as certified by the chief financial officer
and the superintendent of the district.
(II) The state treasurer shall determine the method for
calculating cash deficits and establish reporting mechanisms
necessary to ensure consistent and accurate reporting of cash
deficits. The treasurer shall not make a loan in a month unless
the district demonstrates, through the submission of the actual
or projected financial or budgetary statements required by the
state treasurer, that a general fund cash deficit will exist for
that month and that the district has the capacity to repay the
loan by June 25 of the state fiscal year in which the loan is made.
This subparagraph (II) applies to a loan made from the state
general fund or from the proceeds of the tax and revenue
anticipation notes issued pursuant to section 29-15-112, C.R.S.
(b) A district that chooses to participate in the
interest-free or low-interest loan program must submit an
application to the state treasurer. A district's initial application
to participate in the interest-free or low-interest loan program
is subject to approval by a resolution adopted by the district
board of education as follows:
(I) For a month in which the district seeks an emergency
loan pursuant to paragraph (e) of this subsection (1), the chief
financial officer of the district and the district superintendent
must present the emergency loan request to the district board of
education, explaining the need for the emergency loan and the
requested amount. The district board of education, by majority
vote, must approve or disapprove the emergency loan request and
the amount. If the district board of education approves the
emergency loan request, the chief financial officer and the
district superintendent must request the emergency loan from,
and certify the approved amount of the emergency loan as
approved by the district board of education to, the state
treasurer as provided in paragraph (a) of this subsection (1).
(II) If, to receive an interest-free loan, a district seeks to
have tax and revenue anticipation notes issued on its behalf
pursuant to section 29-15-112, C.R.S., the chief financial officer of
the district and the district superintendent must present a
request to the district board of education to participate in the
interest-free loan program and to have tax and revenue
anticipation notes issued on its behalf. The request must explain
the district's anticipated cash flow deficit for the upcoming
calendar year and the total amount of tax and revenue
anticipation notes that need to be issued on its behalf to cover the
deficit. The district board of education, by majority vote, must
approve or disapprove the participation in the interest-free loan
program and the amount of tax anticipation and revenue notes to
be issued on behalf of the district. If the district board of
education approves the participation in the interest-free loan
program and the issuance of tax and revenue anticipation notes,
the chief financial officer and the district superintendent must
certify to the state treasurer the amount of the tax and revenue
notes, as approved by the district board of education, that shall
be issued on behalf of the district. Thereafter, a district is not
required to receive approval for an interest-free loan made from
the proceeds of the tax and revenue anticipation notes that
received prior approval by the district board of education.
(c) The state treasurer may not make a loan under this
section to provide assistance for matters that are eligible for
payment from the contingency reserve fund pursuant to section
22-54.5-310 or to cover a foreseeable level of uncollectible
property taxes, nor may a district use a loan for the simultaneous
purchase and sale of the same security or an equivalent security
in order to profit from price disparity.
(d) Except as otherwise provided in paragraph (e) of this
subsection (1), the state treasurer must make all loans to a
district from the proceeds of the tax and revenue anticipation
notes issued pursuant to section 29-15-112, C.R.S.
(e) If the amount of the tax and revenue anticipation notes,
if any, issued on behalf of a district as determined by the state
treasurer pursuant to section 29-15-112 (2) (f), C.R.S., is not
sufficient to cover a district's cash deficit, then the state
treasurer may, in his or her discretion, make available to the
district an emergency loan from the state general fund. The
emergency loan must accrue interest at the same rate as the rate
of interest paid by the state treasurer on notes issued by the state
pursuant to part 9 of article 75 of title 24, C.R.S.
(2) (a) For the months of March, April, and May of each
budget year, a district that receives a loan under the provisions
of paragraph (e) of subsection (1) of this section shall begin to
repay the loan if the district's available resources, as of the last
day of the month, increased by the next month's revenues exceed
the next month's expenditures plus a cash reserve. The district
must remit the excess resources to the state treasurer by the
close of business on the fifteenth day, or the first business day
following the fifteenth day, of the following month. All loans
must be repaid by June 25 of the state fiscal year in which the loan
was made or on a later alternative date as determined by the
state treasurer.
(b) For the months of March, April, and May of each budget
year, a district that receives a loan under the provisions of
paragraph (d) of subsection (1) of this section shall begin to repay
the loan as established by the district's agreement with the state
treasurer. All loans must be repaid by June 25 of the state fiscal
year in which the loan was made or on a later alternative date as
determined by the state treasurer.
(c) If a district defaults on a loan that is made from the
proceeds of the tax and revenue anticipation notes issued
pursuant to section 29-15-112, C.R.S., by failing to repay the loan
on or before the date required, interest must accrue on the unpaid
balance from the date of default until the loan is repaid in an
amount that is equal to the interest paid by the state treasurer
on notes issued by the state pursuant to part 9 of article 75 of
title 24, C.R.S.
(d) For purposes of paragraph (a) of this subsection (2):
(I) "Available resources" means any available cash and
investments in district funds that can be used to alleviate
general fund cash shortfalls, including but not limited to the
district's capital reserve fund and any fund or account within the
general fund established solely for the management of
risk-related activities. "Available resources" does not include
cash that is legally segregated or pledged by contract or rule of
the state board.
(II) "Cash reserve" means eight percent of the district's
average monthly expenditures or twenty thousand dollars,
whichever is greater.
(e) A lien in the amount of a loan made from the proceeds of
the tax and revenue anticipation notes issued pursuant to section
29-15-112, C.R.S., plus any interest specified in paragraph (c) of this
subsection (2), attaches to district property tax revenues, except
for bond redemption fund revenues, collected during the state
fiscal year in which the loan was made, and the lien has priority
over all other expenditures from the revenues until the loan is
repaid in full. The county treasurer of the county in which the
headquarters of the district are located is jointly responsible
with the district for repayment of a loan made pursuant to this
section, plus any interest specified in paragraph (c) of this
subsection (2). If a district fails to repay a loan to the state
treasurer in accordance with the provisions of this section, the
state treasurer must notify the county treasurer of the county
in which the headquarters of the district are located that the
district is in default on the loan and the amount of the default,
plus any interest specified in paragraph (c) of this subsection (2).
The county treasurer must withhold any moneys of the district in
the county treasurer's possession in an amount equal to the
amount of the default, plus any interest specified in paragraph (c)
of this subsection (2), and transmit the moneys to the state
treasurer. If the amount of moneys of the district in the county
treasurer's possession at the time notice of the default is given is
less than the amount of the default, the county treasurer must
withhold additional moneys of the district until such time as the
default, plus any interest specified in paragraph (c) of this
subsection (2), is completely paid to the state treasurer.
(f) (I) A district may sell real property to the state
treasurer pursuant to the provisions of this paragraph (f) if:
(A) The state treasurer denies the district a loan pursuant
to the provisions of this section, in which case the fair market
value of the property is equal to or greater than the amount of
the purchase price; or
(B) The district is unable to pay a loan back in the same
state fiscal year in which the loan was made, in which case the fair
market value of the real property is equal to or greater than the
outstanding balance of the loan to the state treasurer.
(II) The sale pursuant to this paragraph (f) may be made only
if:
(A) At the same time of the sale, the state treasurer leases
back all of the property to the district pursuant to a
lease-purchase agreement that is subject to annual appropriation
by the school district;
(B) The district pays any legal or other transaction costs
incurred by the state treasurer related to the sale of the
property and the lease-purchase agreement; and
(C) The state treasurer agrees to the sale of the property
and the lease-purchase agreement.
(III) The provisions of paragraph (e) of this subsection (2)
apply to the lease-purchase agreement, and a lien shall not
attach to any district tax revenues to secure the district's lease
payments. The lease-purchase agreement does not authorize the
district to receive fee title to the property that is the subject of
the lease-purchase agreement before the expiration of the terms
of the lease-purchase agreement.
(IV) Sections 24-82-102 (1) (b) and 24-82-801, C.R.S., do not
apply to the lease-purchase agreement.
(V) If a district defaults in the payment of rent required by
the lease-purchase agreement, it has thirty days to cure the
default. If after thirty days the district has not cured the
default and if the district remains in possession of the property,
the state treasurer must recover possession of the property
pursuant to the provisions of article 40 of title 13, C.R.S. If a
court enters a judgment in favor of the state treasurer and issues
a writ of restitution pursuant to section 13-40-115, C.R.S., the
state treasurer must liquidate the property to the best
advantage of the state.
(3) The state treasurer shall consult with the department
concerning the administration of the loan program under this
section to ensure that it is implemented in a manner that minimizes
the amount of emergency loans needed by each district.
(4) A district that receives a loan pursuant to this section
is subject to an audit that the state auditor conducts or
contracts for. The district must be penalized through the
withholding of state share if an audit finds the district used the
loan in a manner contrary to the provisions of this section.
PART 3
ADDITIONAL STATE FUNDING
22-54.5-301. Teaching and leadership investment - definitions.
(1) As used in this section, unless the context otherwise requires:
(a) "District" means a district that does not receive a
per-pupil supplemental payment pursuant to section 22-54.5-303 (2)
or receives a per-pupil supplemental payment for which the per
pupil amount for the applicable budget year is less than one
hundred fifty-nine dollars.
(b) "Eligible institute charter school" means an institute
charter school that is not a multi-district on-line school and
that does not receive a per-pupil supplemental payment pursuant
to section 22-54.5-303 (2) or receives a per-pupil supplemental
payment for which the per pupil amount for the applicable budget
year is less than one hundred fifty-nine dollars.
(c) "Growth tax revenues" means the amount of state
revenues generated in the applicable income tax year as a result
of a citizen-initiated statewide ballot question that increases
state tax revenues for the purpose of funding preschool through
twelfth grade public education, which amount of state revenues
exceeds the amount specified in the statewide ballot question.
(d) "Supplemental payment recipient" means a district, or an
institute charter school that is not a multi-district on-line
school, for which the per pupil amount of the per-pupil
supplemental payment received pursuant to section 22-54.5-303 (2)
for the applicable budget year is equal to or greater than one
hundred fifty-nine dollars.
(e) "Total investment moneys" means an amount equal to
any amount of the growth tax revenues remaining after the
appropriation of growth tax revenues required in section 22-20-114
(8) for the applicable budget year.
(2) In addition to the state share calculated pursuant to
section 22-54.5-203 for districts and supplemental payment
recipients that are districts and the total program funding for
eligible institute charter schools and supplemental payment
recipients that are institute charter schools, each district,
supplemental payment recipient, and eligible institute charter
school shall annually receive the per pupil amount of teaching
and leadership investment moneys described in subsection (3) of
this section, multiplied by the district's, the supplemental payment
recipient's, or the eligible institute charter school's average
daily membership for the applicable funding averaging period. The
department shall distribute the investment moneys with the state
share for each district and supplemental payment recipient that
is a district and with the funding for each eligible institute
charter school and supplemental payment recipient that is an
institute charter school as provided in section 22-54.5-408. If a
district or supplemental payment recipient that is a district does
not receive state share, the department shall distribute the
investment moneys for the district or supplemental payment
recipient that is a district in accordance with the provisions of
section 22-54.5-408.
(3) (a) For the 2015-16 budget year, the per pupil amount of
investment moneys for each district, each supplemental payment
recipient, and each eligible institute charter school is four
hundred forty-one dollars.
(b) (I) Except as otherwise provided in paragraph (c) of this
subsection (3), for the 2016-17 budget year and each budget year
thereafter, the department shall annually calculate the per
pupil amount of investment moneys for each district and each
eligible institute charter school as the greater of four hundred
forty-one dollars or an amount equal to:
(Total investment moneys - ($441 x Total average
daily membership of supplemental payment
recipients)) ö (Total average daily membership of
districts + Total average daily membership of eligible
institute charter schools).
(II) Except as otherwise provided in paragraph (c) of this
subsection (3), for the 2016-17 budget year and each budget year
thereafter, the department shall annually calculate the per
pupil amount of investment moneys for each supplemental payment
recipient as the greater of four hundred forty-one dollars or an
amount equal to:
$441 + ((Total investment moneys - ($600 x (Total
average daily membership of districts + Total
average daily membership of eligible institute
charter schools)) ö Total average daily membership
of supplemental payment recipients).
(III) Notwithstanding the provisions of subparagraphs (I)
and (II) of this paragraph (b), the per pupil amount of investment
moneys for a district, a supplemental payment recipient, or an
eligible institute charter school, shall not exceed six hundred
dollars in a budget year, except as otherwise provided in
paragraph (c) of this subsection (3).
(c) In a budget year in which the per pupil amount of
investment moneys calculated pursuant to paragraph (b) of this
subsection (3) for each district, supplemental payment recipient,
and eligible institute charter school exceeds six hundred dollars,
the department shall calculate the per pupil amount of
investment moneys for each district, supplemental payment
recipient, and eligible institute charter school as an amount
equal to the total investment moneys divided by the combined
total average daily membership of all districts, all supplemental
payment recipients, and all eligible institute charter schools.
(4) Each district, district charter school, supplemental
payment recipient, and eligible institute charter school shall use
the investment moneys received pursuant to this section to pay the
costs incurred in providing staff support and professional
development necessary to implement:
(a) Standards-based instruction and assessments as
provided in parts 10 and 12 of article 7 of this title and the federal
"No Child Left Behind Act of 2001", 20 U.S.C. sec. 6381 et seq.;
(b) Educator performance evaluations as provided in
article 9 of this title and sections 22-63-202 and 22-63-203; and
(c) Accreditation as provided in article 11 of this title,
including efforts that are specifically directed at eliminating the
achievement and growth gaps among student groups
disaggregated by race.
22-54.5-302. Hold-harmless moneys - state share hold-harmless
fund - created - definitions. (1) For purposes of this section:
(a) "District's 2014-15 state share" means the amount of
state share that a district receives for the 2014-15 budget year
pursuant to section 22-54-106, as it existed prior to repeal.
(b) "Fund" means the state share hold-harmless fund
created in subsection (3) of this section.
(c) "State funding" means the amount of state share plus
investment moneys that a district receives in a budget year.
(2) (a) If the recalculation of state and local shares of
total program pursuant to section 22-54.5-203 results in a district
receiving a lower amount of state funding, the district is eligible
to receive hold-harmless moneys as provided in this section. The
department shall annually calculate a district's hold-harmless
moneys using the district's state funding, total program, and
investment moneys for the applicable budget year in the
following formula:
(District's 2014-15 state share - District's state
funding) + (0.02 x (District's total program +
District's investment moneys)
(b) A district that is eligible to receive hold-harmless
moneys as the result of a recalculation of state and local shares
continues to be eligible to receive the hold-harmless moneys in
each subsequent budget year in which the calculation of the
hold-harmless moneys results in a positive number.
(c) Notwithstanding any provision of this section to the
contrary, the department shall reduce a district's hold-harmless
moneys as necessary to ensure that, in any budget year, the
district's hold-harmless moneys plus the district's local share and
state share do not exceed the greater of the district's total
program for the applicable budget year or the district's total
program for the 2014-15 budget year calculated pursuant to
section 22-54-104, as it existed prior to repeal.
(3) (a) There is created in the state treasury the state share
hold-harmless fund consisting of such moneys as the general
assembly may appropriate to the fund. The moneys in the fund are
subject to annual appropriation by the general assembly to the
department for distribution as hold-harmless moneys to eligible
districts as provided in this section.
(b) The state treasurer may invest any moneys in the fund
not expended for the purpose of this section as provided by law.
The state treasurer shall credit all interest and income derived
from the investment and deposit of moneys in the fund to the fund.
Any unexpended and unencumbered moneys remaining in the fund
at the end of a fiscal year must remain in the fund and shall not
be credited or transferred to the general fund or another fund.
(4) In a budget year in which the general assembly does not
appropriate a sufficient amount to fully fund the hold-harmless
moneys authorized in this section, the department shall reduce
the amount of each eligible district's hold-harmless moneys by the
same percentage that the deficit bears to the amount required to
fully fund the hold-harmless moneys authorized by this section.
22-54.5-303. Per pupil supplemental payment - per pupil
supplemental fund - created - definitions. (1) For purposes of this
section:
(a) "District's per pupil revenue" means, for each budget
year, the sum of the amount of local property tax revenues
generated from the number of mills a district levies for total
program plus the specific ownership tax revenue paid to the
district plus the state share paid to the district plus any
hold-harmless moneys paid to the district pursuant to section
22-54.5-302, divided by the district's funded membership for the
applicable budget year.
(b) "Fund" means the per pupil supplemental fund created in
subsection (3) of this section.
(c) "Institute charter school's per pupil revenue" means, for
each budget year, the amount of state funding paid to the
institute charter school divided by the institute charter school's
funded membership for the applicable budget year.
(d) "State average per pupil revenue" means the total
program of all districts and all institute charter schools for a
budget year plus the total amount of hold-harmless moneys paid
by the state pursuant to section 22-54.5-302 for the budget year,
divided by the total funded membership of all districts and all
institute charter schools for the budget year.
(2) (a) Subject to available appropriations, the department
shall annually pay per pupil supplemental payments to districts
and institute charter schools to ensure that, for each budget
year, each district's per pupil revenue and each institute charter
school's per pupil revenue is at least equal to ninety-five percent
of the state average per pupil revenue. The department shall
annually identify the districts and institute charter schools that
may receive per pupil supplemental payments as provided in this
section.
(b) The department shall calculate the amount payable to
each district by subtracting the district's per pupil revenue for
the applicable budget year from an amount equal to ninety-five
percent of the state average per pupil revenue for the applicable
budget year and multiplying the difference by the district's
funded membership for the applicable budget year.
(c) The department shall calculate the amount payable to
each institute charter school by subtracting the institute
charter school's per pupil revenue for the applicable budget year
from an amount equal to ninety-five percent of the state average
per pupil revenue for the applicable budget year and multiplying
the difference by the institute charter school's funded
membership for the applicable budget year.
(d) A district or an institute charter school is not eligible
for per pupil supplemental payments in any budget year in which
the calculation described in this subsection (2) results in a
negative number.
(3) (a) Subject to available appropriations, the department
shall pay an at-risk supplemental payment to each district and
each institute charter school in each budget year in which:
(I) The district or the institute charter school is eligible
for per pupil supplemental payments pursuant to this section; and
(II) The district's or the institute charter school's at-risk
pupil percentage is equal to or greater than a percentage that is
ten percentage points less than the statewide average at-risk
pupil percentage for the applicable budget year.
(b) The at-risk supplemental payment for a district or an
institute charter school that meets the requirements stated in
paragraph (a) of this subsection (3) is an amount equal to
twenty-three percent of the district's or the institute charter
school's at-risk funding calculated for the applicable budget
year pursuant to section 22-54.5-201 (4) or 22-54.5-202 (4),
whichever is applicable.
(4) (a) There is created in the state treasury the per pupil
supplemental fund consisting of such moneys as the general
assembly may appropriate to the fund. The moneys in the fund are
subject to annual appropriation by the general assembly to the
department for distribution to districts and institute charter
schools as provided in this section.
(b) The state treasurer may invest any moneys in the fund
not expended for the purpose of this section as provided by law.
The state treasurer shall credit all interest and income derived
from the investment and deposit of moneys in the fund to the fund.
Any unexpended and unencumbered moneys remaining in the fund
at the end of a fiscal year must remain in the fund and shall not
be credited or transferred to the general fund or another fund.
(5) In a budget year in which the general assembly does not
appropriate a sufficient amount to fully fund the per pupil
supplemental payments authorized in subsection (2) of this section
and the at-risk supplemental payments authorized in subsection
(3) of this section, the department shall reduce each district's and
each institute charter school's per pupil supplemental payment
and at-risk supplemental payment by the same percentage that the
deficit bears to the amount required to fully fund the per pupil
supplemental payments authorized by subsection (2) of this section
and the at-risk supplemental payments authorized in subsection
(3) of this section.
22-54.5-304. Mill levy equalization - mill levy equalization fund
- created - definitions. (1) For purposes of this section:
(a) "District mill levy equalization payment" means an
amount equal to:
(I) The average daily membership plus the on-line average
daily membership of an eligible district for the funding averaging
period for the budget year in which the eligible district receives
voter approval for an increase in property tax revenues
multiplied by the district per pupil equalization; minus
(II) The amount of property tax revenues received from the
levy of two and five-tenths mills by the eligible district for the
property tax year in which the eligible district applies for the mill
levy equalization payment.
(b) "District per pupil equalization" means an amount equal
to the amount of property tax revenue that would be generated
by a levy of two and five-tenths mills on the statewide assessed
property valuation for the budget year in which an eligible
district receives voter approval for an increase in property tax
revenues, divided by the total average daily membership plus
total on-line average daily membership for all districts for the
funding averaging period for that budget year.
(c) "Eligible district" means a district that:
(I) Has a combined average daily membership and on-line
average daily membership of fewer than ten thousand pupils; and
(II) Receives voter approval on or after November 1, 2013,
for an increase of at least two and five-tenths in the number of
property tax mills that the district levies for purposes of total
program or in the number of property tax mills that the district
is authorized to levy pursuant to section 22-54.5-205, 22-54.5-206,
22-54.5-207, or 22-54.5-208. For a district to qualify as an "eligible
district", the ballot measure must be worded as a specific increase
in the number of mills levied and not as an increase in the amount
of property tax revenues collected.
(d) "Fund" means the mill levy equalization fund created in
subsection (4) of this section.
(2) (a) An eligible district may apply to the department for
a mill levy equalization payment in each budget year in which the
mill levy equalization payment for the eligible district would be
greater than zero and the district meets the definition of an
eligible district.
(b) In each budget year, subject to available appropriations,
the department shall distribute from the fund the applicable mill
levy equalization payment to each eligible district that applies
pursuant to this section. An eligible district may qualify for only
one mill levy equalization payment per budget year.
(3) A mill levy equalization payment that a district
receives pursuant to this section is in addition to any other state
moneys that the district receives for the applicable budget year.
(4) (a) There is created in the state treasury the mill levy
equalization fund consisting of such moneys as the general
assembly may appropriate to the fund. The moneys in the fund are
subject to annual appropriation by the general assembly to the
department for distribution to eligible districts as provided in this
section.
(b) The state treasurer may invest any moneys in the fund
not expended for the purpose of this section as provided by law.
The state treasurer shall credit all interest and income derived
from the investment and deposit of moneys in the fund to the fund.
Any unexpended and unencumbered moneys remaining in the fund
at the end of a fiscal year must remain in the fund and shall not
be credited or transferred to the general fund or another fund.
(5) In a budget year in which the general assembly does not
appropriate a sufficient amount to fully fund the district mill
levy equalization payments authorized in subsection (2) of this
section, the department shall reduce each eligible district's mill
levy equalization payment by the same percentage that the deficit
bears to the amount required to fully fund the payments
authorized by subsection (2) of this section.
22-54.5-305. Mill levy elections - administrative costs. (1) A
district that, pursuant to section 22-54.5-203 (4) (a), chooses to
seek voter approval for a mill levy increase may apply to the
department for reimbursement of election costs if:
(a) The district holds an election to seek voter approval for
an increase in local property tax revenues for purposes of total
program; and
(b) The county clerk and recorder's office that administers
the election requires the district to pay the administration costs
for the election.
(2) Upon receiving an application for reimbursement of mill
levy election costs, including documentation of the amount of
election administration costs that the district paid to the county
clerk and recorder, the department shall reimburse to the
district the documented amount of administration costs.
(3) The general assembly shall annually appropriate to the
department the amount necessary to reimburse districts for
election costs pursuant to this section. If the amount appropriated
in a budget year is less than the amount required to fully
reimburse districts pursuant to this section, the department shall
reduce each district's reimbursement by the percentage of the
overall deficit.
22-54.5-306. Small attendance center aid. (1) A district is
eligible for aid pursuant to this section if:
(a) The district has more than one elementary or secondary
school attendance center;
(b) The district operates one or more elementary or
secondary attendance centers that each has an average daily
membership for the applicable funding averaging period of fewer
than two hundred and that are located twenty or more miles
from any similar school attendance center in the same district;
and
(c) The district received small attendance center aid before
the 2008-09 budget year.
(2) A district that meets the eligibility requirements of
subsection (1) of this section may receive aid for each small
attendance center as calculated by: Multiplying the average
daily membership of the small attendance center for the
applicable funding averaging period by an amount equal to
thirty-five percent of the difference between the district per pupil
funding, as calculated pursuant to section 22-54.5-201, and the
district per pupil funding, as calculated pursuant to section
22-54.5-201, except using a size factor based on the average daily
membership of the small attendance center for the applicable
funding averaging period; and then multiplying that amount by
the percentage calculated by subtracting the average daily
membership of the small attendance center for the applicable
funding averaging period from two hundred and dividing that
difference by two hundred.
(3) The general assembly shall appropriate annually an
amount for small attendance center aid that the department
shall distribute using the formulas in subsection (2) of this
section. If the amount of money that the general assembly
appropriates is less than the amount of aid authorized by this
section to all eligible districts, the amount that the department
distributes to each eligible school district must be in the same
proportion that the amount of the appropriation bears to the
total amount of aid authorized for all eligible districts.
(4) If a school district receives small attendance center aid
pursuant to this section for a small attendance center that is a
district charter school, the school district must forward the
entire amount of the aid to the district charter school for which
it was received.
22-54.5-307. National school meal programs - appropriation of
state matching funds - definitions. (1) As used in this section, unless
the context otherwise requires:
(a) "Low-performing school" means a school that is required
to implement a priority improvement or turnaround plan pursuant
to section 22-11-405 or 22-11-406, respectively, or is subject to
restructuring pursuant to section 22-11-210.
(b) "School food authority" means:
(I) A school district or the state charter school institute;
(II) A charter school collaborative formed pursuant to
section 22-30.5-603;
(III) A board of cooperative services created pursuant to
article 5 of this title that elects to operate as a school food
authority pursuant to section 22-5-120; or
(IV) A district charter school or an institute charter
school that:
(A) The commissioner of education or his or her designee
provisionally authorizes as a school food authority pursuant to
section 22-32-120 (6); or
(B) The department authorizes as a school food authority
pursuant to section 22-32-120 (5).
(2) The general assembly shall appropriate by separate line
item an amount to comply with the requirements for state
matching funds under the federal "National School Lunch Act",
42 U.S.C. sec. 1751 et seq. The department shall develop procedures
to allocate and disburse the funds among participating school
food authorities each year in an equitable manner so as to comply
with the requirements of the federal act.
(3) (a) The general assembly may appropriate by separate
line item an amount to assist school food authorities that are
providing a school breakfast program through participation in
programs authorized under the federal "National School Lunch
Act", 42 U.S.C. sec. 1751 et seq., or the federal "Child Nutrition
Act of 1966", 42 U.S.C. sec. 1771 et seq. The department shall
develop procedures to appropriately allocate and disburse the
funds among participating school food authorities.
(b) Each school district that receives moneys pursuant to
this subsection (3) must use the moneys to create, expand, or
enhance the school breakfast program in each low-performing
school of the receiving district with the goal of improving the
academic performance of the students attending the schools.
(c) A district charter school, an institute charter school,
or a charter school collaborative that is a school food
authority is eligible to receive moneys pursuant to this subsection
(3) only if it is a low-performing school. A district charter school
or an institute charter school that is a school food authority
that receives moneys pursuant to this section must use the moneys
to create, expand, or enhance its school breakfast program with
the goal of improving the academic performance of the students
attending the district charter school or the institute charter
school.
22-54.5-308. Declining enrollment districts with new charter
schools - additional aid - definitions. (1) As used in this section,
unless the context otherwise requires:
(a) "Declining enrollment district" means a district whose
funded membership is greater than the sum of the district's
average daily membership, on-line average daily membership, and
ASCENT program average daily membership for the funding
averaging period for the applicable budget year.
(b) "New charter school enrollment" means the average
daily membership of a charter school for the funding averaging
period for the first budget year in which the charter school
operates.
(2) In a budget year in which a new district charter school
that is not a multi-district on-line school is opened in a declining
enrollment district, the declining enrollment district must
receive additional aid as specified in this section to help mitigate
the impact of the enrollment of pupils in the new district charter
school who might otherwise have attended a traditional school
in the declining enrollment district. The additional aid is
available only for the first year of operation of a new district
charter school in a declining enrollment district.
(3) The general assembly shall annually appropriate
moneys from the general fund or any other source for additional
aid to a declining enrollment district in which a new charter
school is opened. The department shall distribute the additional
aid to all declining enrollment districts in which new charter
schools are opened in the budget year for which the aid is
appropriated. The department shall distribute the additional aid
among the declining enrollment districts in which new charter
schools are opened in the proportion that the declining
enrollment district's new charter school enrollment bears to the
total new charter school enrollment in all declining enrollment
districts statewide in which new charter schools are opened in the
budget year for which the additional aid is appropriated; except
that a declining enrollment district shall not receive more than
three hundred thousand dollars of additional aid pursuant to
this section.
22-54.5-309. State assistance for charter schools - use of state
education fund moneys - definitions. (1) As used in this section,
unless the context otherwise requires:
(a) "Capital construction" means construction, demolition,
remodeling, financing, purchasing, or leasing of land, buildings,
or facilities used to educate pupils enrolled in or to be enrolled
in a charter school.
(b) "Charter school" means a charter school authorized by
a district pursuant to part 1 of article 30.5 of this title or an
institute charter school.
(c) "District's certified charter school average daily
membership" means the projected total average daily membership
of pupils who are not on-line pupils, as defined in section
22-30.5-103 (6), for all qualified charter schools that receive
funding from the district pursuant to section 22-30.5-111.5 for the
funding averaging period for the budget year for which state
education fund moneys are appropriated and distributed pursuant
to subsection (4) of this section, as certified by the department
pursuant to paragraph (b) of subsection (3) of this section during
the budget year that immediately precedes the applicable budget
year.
(d) "Institute charter schools' certified average daily
membership" means the projected total average daily membership
of pupils who are not on-line pupils, as defined in section
22-30.5-502 (9), for all qualified institute charter schools that
receive funding pursuant to section 22-30.5-513.5 for the funding
averaging period for the budget year for which state education
fund moneys are appropriated and distributed pursuant to
subsection (4) of this section, as certified by the department
pursuant to paragraph (b) of subsection (3) of this section during
the budget year that immediately precedes the applicable budget
year.
(e) (I) "Qualified charter school" means:
(A) A charter school that is not operating in a school
district facility and that has capital construction costs;
(B) A charter school that is operating in a school district
facility and that has capital construction costs; or
(C) A charter school that is operating or will operate in
the next budget year in a facility that is listed on the state
inventory of real property and improvements and other capital
assets maintained by the department of personnel pursuant to
section 24-30-1303.5, C.R.S., and that is obligated to make lease
payments for use of the facility.
(II) "Qualified charter school" does not include:
(A) A charter school that is operating in a school district
facility and that does not have capital construction costs;
(B) A charter school that does not have capital
construction costs;
(C) A charter school that is operating or will operate in
the next budget year in a facility that is listed on the state
inventory of real property and improvements and other capital
assets maintained by the department of personnel pursuant to
section 24-30-1303.5, C.R.S., and that is not obligated to make lease
payments for use of the facility;
(D) A charter school that operates, or will operate in the
next budget year, in a facility that is not listed on the statewide
financial assistance priority assessment list as provided in
22-43.7-108; or
(E) A charter school that operates, or will operate in the
next budget year, in a facility that is built using financial
assistance awarded pursuant to the "Building Excellent Schools
Today Act", article 43.7 of this title.
(2) (a) A district is eligible to receive state education fund
moneys for district charter school capital construction pursuant
to this section if at least one qualified district charter school
receives funding from the district pursuant to section
22-30.5-111.5 during the budget year for which state education
fund moneys are distributed.
(b) An institute charter school is eligible to receive state
education fund moneys for institute charter school capital
construction if the institute charter school receives funding from
the state charter school institute pursuant to section
22-30.5-513.5 during the budget year for which state education
fund moneys are distributed.
(3) (a) (I) The general assembly shall annually appropriate
from the state education fund created in section 17 (4) of article
IX of the state constitution to the department the amount
required for distribution pursuant to this section.
(II) The department shall distribute the moneys
appropriated for eligible districts and eligible institute charter
schools as follows:
(A) Each qualified charter school that operates during the
applicable budget year in a facility that the qualified charter
school owns and that has demonstrable capital construction
costs receives an amount equal to four hundred fifty dollars
multiplied by the qualified charter school's average daily
membership for the applicable budget year;
(B) Each qualified charter school that operates during the
applicable budget year in a facility that is not owned by a district
or by the qualified charter school and that has demonstrable
capital construction costs receives an amount equal to three
hundred dollars multiplied by the qualified charter school's
average daily membership for the applicable budget year; and
(C) Each qualified charter school that operates during the
applicable budget year in a facility that is owned by a district or
that is listed on the state inventory of real property and
improvements and other capital assets maintained by the
department of personnel pursuant to section 24-30-1303.5, C.R.S.,
and that has demonstrable capital construction costs receives an
amount equal to one hundred dollars multiplied by the qualified
charter school's average daily membership for the applicable
budget year.
(b) No later than February 1 of each budget year, the
department shall certify to the education committees of the
senate and the house of representatives, or any successor
committees, and to the joint budget committee of the general
assembly the projected total average daily membership for all
qualified charter schools in the state for the funding averaging
period for the next budget year, as derived from reports provided
to the department by districts pursuant to section 22-30.5-111.5 (2)
and by institute charter schools pursuant to section 22-30.5-513.5
(2).
(4) The department shall distribute the total amount to be
distributed pursuant to this section to each eligible school
district and eligible institute charter school in twelve
approximately equal monthly payments during the applicable
budget year in conjunction with the distribution of the state's
share of district total program pursuant to section 22-54.5-408.
(5) A district that receives state education fund moneys
pursuant to this section must distribute all moneys received to
qualified charter schools as required by section 22-30.5-111.5 and
may not retain any of the moneys to defray administrative
expenses or for any other purpose.
(6) In a budget year in which the general assembly does not
appropriate a sufficient amount to fully fund the requirements of
this section, the department shall reduce each qualified charter
school's distribution by the same percentage that the deficit bears
to the amount required to fully fund the requirements of this
section.
(7) Pursuant to section 17 (3) of article IX of the state
constitution, the moneys appropriated by the general assembly
out of the state education fund, received by an eligible district or
eligible institute charter school pursuant to this section, and
distributed to a qualified charter school by a district pursuant to
this section and section 22-30.5-111.5 are exempt from:
(a) The limitation on state fiscal year spending set forth in
section 20 (7) (a) of article X of the state constitution and section
24-77-103, C.R.S.; and
(b) The limitation on local government fiscal year spending
set forth in section 20 (7) (b) of article X of the state constitution.
(8) The general assembly finds that, for purposes of section
17 of article IX of the state constitution, providing funding for
charter school capital construction from moneys in the state
education fund created in section 17 (4) of article IX of the state
constitution is a permissible use of the moneys in the state
education fund because the moneys are being used for public
school building capital construction as authorized by section 17
(4) (b) of article IX of the state constitution.
22-54.5-310. Contingency reserve fund - created - supplemental
assistance. (1) (a) There is created in the state treasury the
contingency reserve fund, which consists of such moneys as the
general assembly may annually appropriate to the fund. In
deciding the amount to appropriate to the contingency reserve
fund, the general assembly may take into consideration any
recommendations the department may make, but the general
assembly is not obligated to provide supplemental assistance to
all districts that may be in need or to fully fund the total
amount of the need. Any unexpended balance in the contingency
reserve fund at the end of a fiscal year must remain in the fund
and does not revert to the state general fund and shall not be
transferred to another fund.
(b) The state board may approve and order payments from
the contingency reserve fund for supplemental assistance to
districts that are in need as the result of one or more of the
following circumstances:
(I) Financial emergencies caused by an act of God or arising
from extraordinary problems in the collection of taxes;
(II) Financial emergencies arising from the nonpayment of
property taxes pending the outcome of an administrative appeal or
litigation or both challenging the inclusion of the value of
certain property in a county's abstract of assessment that
resulted from a change in the applicable state law;
(III) Insufficiency of the amount of property tax levied and
collected pursuant to section 39-10-114, C.R.S., to make
abatements and refunds of property taxes that the district is
required to make pursuant to said section;
(IV) A contingency that a district board of education could
not have reasonably foreseen at the time it adopted the annual
budget, including but not limited to reductions in valuation of the
district in excess of twenty percent as described in section
39-10-114 (1) (a) (I) (B.5), C.R.S.;
(V) Unusual financial burden caused by instruction of
children who formerly resided outside the district but are
assigned to live within the district by courts or public welfare
agencies. Supplemental assistance under this circumstance must
not exceed the additional cost for current operations incurred by
this circumstance.
(VI) Unusual financial burden caused by an increase in a
district's average daily membership during a school year.
Supplemental assistance under this circumstance must not exceed
the additional cost incurred by the district due to the increase in
average daily membership. Only districts with a funded
membership of two thousand or fewer are eligible for
supplemental assistance under this subparagraph (VI).
(VII) Unusual financial burden caused by a significant
decline in average daily membership as a result of detachment and
annexation pursuant to a reorganization plan approved pursuant
to article 30 of this title.
(c) Notwithstanding the provisions of paragraph (b) of this
subsection (1) concerning circumstances under which the state
board may approve and order payments from the contingency
reserve fund, the state board, in cases of extreme emergency, may
take into consideration such other factors as it finds necessary
and proper in granting supplemental assistance from the
contingency reserve fund to districts that cannot maintain their
schools without additional financial assistance.
(d) If the department pays supplemental assistance pursuant
to subparagraph (II) of paragraph (b) of subsection (1) of this
section and the disputed property is finally determined to have
been properly included in the abstract of assessment, the district
shall reimburse to the contingency reserve fund the amount of
supplemental assistance paid, plus interest at the same rate as
provided by statute for penalty interest on unpaid property taxes,
after the district collects the taxes in full.
(e) In addition to a reimbursement pursuant to paragraph (d)
of this subsection (1), the department shall credit to the
contingency reserve fund any other reimbursement by a school
district of a payment for supplemental assistance made pursuant
to this subsection (1).
(2) A district may apply for supplemental assistance
pursuant to subsection (1) of this section by submitting to the
department an application that, at a minimum, describes fully the
grounds upon which it relies for assistance. The president and
secretary of the district board of education shall swear under
oath to the contents of the application.
(3) The state board shall investigate each application, as it
deems necessary, and, if it finds that an application should be
approved, it shall determine the amount of supplemental
assistance that the district receives. In determining which
districts receive supplemental assistance pursuant to this section
and the amount of the assistance, the state board shall consider
the amount of the supplemental assistance requested by the
district as a percentage of the district's total program. By order
upon the state treasurer, the state board shall direct payment of
the specified amount of supplemental assistance from the
contingency reserve fund to the treasurer of the eligible district
for credit to the general fund of the district.
22-54.5-311. Education innovation grant program - board
created - fund created - rules - report - definitions - repeal. (1) As used
in this section, unless the context otherwise requires:
(a) "Board" means the education innovation board created
in subsection (7) of this section.
(b) "Educators" means teachers, principals, and
administrators.
(c) "Expanded learning time" means an initiative to extend
the length of the school day or to increase the number of school
days for all students attending the school and to improve the use
of learning time throughout the school day and improve academic
achievement, eliminate the achievement and growth gaps among
student groups disaggregated by race, and increase student
engagement. The additional time must allow for more time for a
combination of core academics, engaging enrichment programs,
and teacher collaboration and professional development.
(d) "Fund" means the education innovation grant fund
created in subsection (9) of this section.
(2) The education innovation grant program is created in
the department to provide moneys to educators, local education
providers, and boards of cooperative services to implement
innovations in the delivery of public preschool, elementary, and
secondary education in the state. The department shall
recommend grant recipients to the board, and the board shall
award grants for education innovation initiatives out of any
moneys available in the fund.
(3) (a) The department shall publish policies that specify the
procedures and timelines by which an educator, a local education
provider, or a board of cooperative services may apply for an
education innovation grant. An educator who is employed by a
district must obtain the approval of the board of education of the
applicable district before applying to the department for a grant.
(b) Each application must include a description of the
education innovation initiative the applicant will implement using
the grant moneys and the manner in which the applicant will
measure whether the initiative is effective in eliminating the
achievement and growth gaps among student groups
disaggregated by race and in improving student retention,
reducing dropout rates, and increasing graduation rates.
Applicants are encouraged to apply for grants to implement
expanded learning time initiatives and other initiatives that are
likely to result in significant student academic growth.
(4) (a) The department shall accept and evaluate grant
applications and, for each application received, recommend to the
board whether a grant should be awarded and the amount and
duration of the grant. To evaluate grant applications, the
department shall create a rubric of measurements designed to
identify education innovation initiatives that are most likely to
result in eliminating the achievement and growth gaps among
student groups disaggregated by race and in improving student
retention, reducing dropout rates, and increasing graduation
rates and may result in improving student academic achievement.
In addition, in evaluating grant applications, the department
shall:
(I) Give priority to applications to implement education
innovation initiatives for schools and districts that are
implementing improvement, priority improvement, or turnaround
plans;
(II) Give preference to grant applications to implement
expanded learning time initiatives or other education initiatives
that are likely to eliminate the achievement and growth gaps
among student groups disaggregated by race, improve student
retention, reduce dropout rates, and increase graduation rates
and may improve student academic achievement;
(III) Give preference to grant applications that include a
plan to implement the initiative after the grant expires; and
(IV) Take into account any grant funding for education
initiatives that the applicant receives from other sources.
(b) Subject to available appropriations, the board shall
award the education innovation grants, taking into account:
(I) The recommendations of the department;
(II) Each applicant's demonstrated ability to sustain the
proposed initiative after grant moneys are no longer available;
and
(III) The number of years, if any, that each applicant has
already received education innovation grant funding and the
success achieved by implementing the initiative.
(c) An applicant that receives an education innovation
grant may apply to renew the grant in subsequent years; except
that an applicant may receive education innovation grant moneys
for the same initiative for no more than five school years.
(d) An applicant that receives an education innovation
grant and applies for a second or subsequent education
innovation grant for the same initiative must, with each
application, submit a report that sets forth the success of the
initiative in eliminating the achievement and growth gaps among
student groups disaggregated by race, improving student
retention, reducing dropout rates, increasing graduation rates,
and improving student academic achievement.
(5) The department shall adopt methods of measuring the
success of each education innovation initiative in eliminating the
achievement and growth gaps among student groups
disaggregated by race, improving student retention, reducing
dropout rates, and increasing graduation rates and in improving
student academic achievement. Each grant recipient shall report
the information required by the department to apply the methods.
The department shall communicate to local education providers
and boards of cooperative services descriptions of the successful
education innovation initiatives, including best practices and
strategies.
(6) Within six months after the end of each budget year in
which the board awards education innovation grants, the
department shall submit to the education committees of the
senate and the house of representatives, or any successor
committees, a report describing at a minimum the education
innovation initiatives that received grants, the amount awarded
to each initiative, and the results achieved by each initiative. The
report shall also describe the organizations that receive
technical grants as provided in subsection (8) of this section to
support applicants in writing grants and implementing initiatives,
including the amount and duration of and any duties associated
with the technical grant.
(7) (a) There is created in the department the education
innovation board to perform the duties specified in this section.
The board shall exercise its powers and perform its duties and
functions under the department as if the same were transferred
to the department by a type 2 transfer as defined in the
"Administrative Organization Act of 1968", article 1 of title 24,
C.R.S. The board consists of fifteen members appointed as follows:
(I) The governor, with the advice and consent of the senate,
shall appoint eleven members as follows:
(A) One person who is a member of a statewide business
organization or association;
(B) One person who is an employee of an education policy
and advocacy organization;
(C) One person who is a teacher in a public school in
Colorado;
(D) One person who is an employee of a charter school in
Colorado;
(E) One person who is a school executive in a public school
or school district in Colorado;
(F) One person who is a member of a school district board of
education in Colorado;
(G) One person who is a citizen of the state of Colorado;
(H) One member who represents a statewide organization of
teachers;
(I) One member who represents a statewide organization of
charter schools;
(J) One member who represents a statewide organization of
school executives;
(K) One member who represents a statewide organization of
school district boards of education; and
(II) The president and the minority leader of the senate and
the speaker and the minority leader of the house of
representatives shall each appoint one member to the board.
(b) The appointing authorities shall consider ethnicity,
gender, and geographic representation in appointing members to
the board. In addition, the appointing authorities shall consider
each appointee's background and experience in developing, guiding,
and evaluating innovative efforts in education, in business, or in
some other sector. The appointing authorities shall make the
initial appointments to the board no later than July 1, 2014. Each
member of the board serves at the pleasure of the appointing
authority. Each member of the board serves a four-year term;
except that two of the members initially appointed by the
governor serve two-year terms, and two of the members initially
appointed by the governor serve one-year terms. If a vacancy
arises on the board, the original appointing authority shall
appoint a person to fill the vacancy for the remainder of the term.
(c) The board shall elect a chair from among its members to
serve for a term not to exceed two years, as the board determines.
A member is not eligible to serve as chair for more than two
successive terms.
(d) The members of the board serve without compensation
and without reimbursement for expenses.
(e) This subsection (7) is repealed, effective September 1,
2023. Prior to repeal, the board shall be reviewed as provided for
in section 2-3-1203, C.R.S.
(8) (a) An applicant may select an organization to provide
technical assistance to the applicant in writing the grant
application and in implementing the initiative for which the
applicant seeks a grant. The applicant may apply to the
department for approval of the organization. If the department
approves the organization, the board may approve a technical
grant for the organization to offset the organization's costs in
assisting the applicant. In issuing the grant, the board may specify
certain duties or activities that the organization must complete
using the grant moneys.
(b) The board, with support from the department, shall
research and identify organizations that may be appropriate to
assist grant applicants in writing the grant applications and in
implementing the initiatives. The board shall publicize the list of
appropriate organizations through the department's web site.
(9) (a) There is created in the state treasury the education
innovation grant fund. The fund consists of any moneys the
general assembly may appropriate to the fund and any moneys the
state treasurer may credit to the fund pursuant to paragraph (d)
of this subsection (9).
(b) It is the intent of the general assembly, beginning in the
2015-16 budget year, to appropriate annually one hundred million
dollars to the fund from revenues received from an increase in
state tax revenues for the purpose of funding public education,
which increase is approved by a statewide ballot measure. It is
further the intent of the general assembly that the appropriation
of those moneys for the fund take priority over other
appropriations of those moneys.
(c) The moneys in the fund are subject to annual
appropriation by the general assembly to the department for the
direct and indirect costs incurred in implementing this section. The
moneys appropriated to the fund are allocated as follows:
(I) The department may expend up to one percent of the
total amount of moneys annually appropriated from the fund to
offset the administrative costs that the department incurs in
implementing this section;
(II) The board shall expend up to three percent of the
moneys annually appropriated from the fund to award technical
grants to approved organizations as provided in subsection (8) of
this section; and
(III) Of the amount of moneys annually appropriated from
the fund that remains after the expenditures described in
subparagraphs (I) and (II) of this paragraph (b), the board shall
award seventy-five percent to local education providers that
seek education innovation grants and are implementing
improvement, priority improvement, or turnaround plans and
twenty-five percent to educators, other local education
providers, and boards of cooperative services that seek education
innovation grants.
(d) (I) The department may seek and accept gifts, grants, or
donations from private or public sources for the purposes of this
section; except that the department may not accept a gift, grant,
or donation that is subject to conditions that are inconsistent
with this section or any other law of the state. The department
shall transmit all private and public moneys received through
gifts, grants, or donations to the state treasurer, who shall
credit the same to the fund.
(II) The general assembly finds that implementation of this
section does not rely, in whole or in part, on gifts, grants, or
donations received pursuant to this paragraph (c), Therefore, the
department is not subject to the notification requirements
specified in section 24-75-1303 (3), C.R.S.
(e) The state treasurer may invest any moneys in the fund
not expended for the purpose of this section as provided by law.
The state treasurer shall credit all interest and income derived
from the investment and deposit of moneys in the fund to the fund.
Any unexpended and unencumbered moneys remaining in the fund
at the end of a fiscal year must remain in the fund and shall not
be credited or transferred to the general fund or another fund.
PART 4
ADMINISTRATION
22-54.5-401. County public school fund - created. (1) There is
created in the office of the county treasurer of each county a
continuing fund, to be known as the county public school fund,
into which is paid the proceeds of all county school moneys.
(2) The county treasurer shall charge a collection fee of
one-quarter of one percent upon moneys collected for or
distributed to a district located in whole or in part in the county
from taxes levied for the general fund of the district.
(3) Each district in the county is entitled to receive
distribution during a budget year of moneys in the county public
school fund in the same proportion that its funded membership in
the county for the budget year bears to the aggregate of the
funded membership of all districts in the county for the budget
year.
(4) The department shall determine the proportionate part
of the county public school fund that the county treasurer
distributes during the budget year to each district in the county.
On or before the first day of each budget year, the department
shall certify the determination to the county treasurer. The
certified proportions are the basis upon which the country
treasurer distributes the moneys in the fund during the ensuing
budget year. At the end of each month during the budget year, the
county treasurer shall credit or pay over the proper proportions
of the moneys in the fund to the general funds of the districts in
the county.
(5) For the purpose of determination and certification by
the state board and distribution of moneys in the fund, the funded
membership of a joint district for a budget year shall be
apportioned and assigned to the portion of the district in each
county that has territory in the district in the same proportion as
the portion of the district's funded membership for the budget
year that is attributable to pupils who reside in each county bears
to the total funded membership of the joint district for the budget
year. The secretary of the board of education of each joint
district shall certify to the state board the required information
applicable to each county.
22-54.5-402. Adjustments in valuation for assessment. (1) For
each budget year, in calculating the total amount of revenue
that a district is entitled to receive from the property tax levy
for the general fund of a district during the budget year, the
valuation for assessment of a district shall be adjusted as
provided in subsection (2) of this section.
(2) If the valuation for assessment of a district includes the
value of a certain property that was formerly tax-exempt but
becomes taxable as a result of a change in the applicable state
law and the inclusion is challenged by administrative appeal or
litigation or both and the property taxes attributable to the
property are not paid pending the outcome of the challenge, the
valuation for assessment attributable to the property is
subtracted from the valuation for assessment of the school
district. If the property is finally determined to have been
properly included in the district's valuation for assessment, the
valuation for assessment attributable to the property is restored
to the district's valuation for assessment, and the district, after
collection of taxes, shall reimburse the state general fund in
full plus interest at the same rate as provided by statute for
penalty interest on unpaid property taxes.
22-54.5-403. Joint districts. (1) The board of education of a
joint district shall determine the location of its administrative
headquarters and shall notify both the state board and the
treasurer of each county in which any territory of the joint
district is situated of the location.
(2) Allocation of moneys in the county public school fund
to a joint district that is partially situated in a county shall be
made on the basis set forth in section 22-54.5-401.
(3) The county treasurer of a county in which part of a joint
district is situated shall credit all moneys collected under this
article to the joint district and at the end of each month shall
pay the moneys to the treasurer of the county in which the
administrative headquarters of the joint district is located who
shall credit or pay the moneys to the general fund of the joint
district. The treasurer of the county in which the administrative
headquarters of the joint district is located shall not charge for
collection of moneys transferred from other counties. Warrants
of a joint district shall be drawn only upon the treasurer of the
county in which its administrative headquarters is located in
those cases where a district has not elected under law to
withdraw its funds from the custody of the county treasurer.
22-54.5-404. Valuations for assessment - reports to the state
board. (1) On or before November 15 of each year, the property
tax administrator shall certify to the state board the valuations
for assessment of all taxable property within each county and
for each district or portion of a joint district in each county;
except that the time for certification for the city and county of
Denver is on or before December 20. The property tax
administrator fulfills the requirements of this section by
providing to the state board the certified copies of the board of
county commissioners' certification of levies and revenue to the
county assessor and the property tax administrator, as provided
by section 39-1-111 (2), C.R.S.
(2) If the valuation for assessment for all or a part of a
district has been divided for an urban renewal area, pursuant to
section 31-25-107 (9) (a), C.R.S., any report under this section must
be based upon that portion of the valuation for assessment under
section 31-25-107 (9) (a) (I), C.R.S., so long as the division remains in
effect.
22-54.5-405. Average daily membership - reports to state board
- calculation - department duties. (1) Each district and each
institute charter school shall certify to the department for each
quarter of the school year the district's or institute charter
school's membership for each school day during the quarter,
including specifying the number of preschool pupils, at-risk pupils,
and English language learners. The district and the institute
charter school shall also certify to the department for each
quarter of the school year the number of the district's or
institute charter school's pupils who are enrolled each school
day during the quarter in a multi-district on-line school,
including specifying the number of at-risk pupils and English
language learners, or in the ASCENT program. The state board by
rule shall establish the timelines and reporting requirements for
submitting quarterly membership and enrollment certifications
throughout the school year.
(2) The department shall calculate each district's and each
institute charter school's average daily membership, preschool
program average daily membership, at-risk pupil average daily
membership, English language learner average daily membership,
on-line average daily membership, and ASCENT program average
daily membership for:
(a) Each quarter of the school year by totaling the daily,
preschool program, at-risk pupil, or English language learner
membership or the daily multi-district on-line school or ASCENT
program enrollment for the quarter and dividing each respective
sum by the number of school days in the respective district's or
institute charter school's quarter of the school year;
(b) The first and last halves of each school year by
totaling the daily, preschool program, at-risk pupil, or English
language learner membership or the daily multi-district on-line
school or ASCENT program enrollment for the first two quarters
of the school year, or the last two quarters of the school year,
whichever is applicable, and dividing each respective sum by the
total number of school days in the respective district's or
institute charter school's first two quarters of the school year
or last two quarters of the school year, whichever is applicable;
(c) Each school year by totaling the daily, preschool
program, at-risk pupil, or English language learner membership or
the daily multi-district on-line school or ASCENT program
enrollment for the school year and dividing each respective sum
by the total number of school days in the respective district's or
institute charter school's school year; and
(d) Each funding averaging period by totaling the daily,
preschool program, at-risk pupil, or English language learner
membership or the daily multi-district on-line school or ASCENT
program enrollment for the funding averaging period and dividing
each respective sum by the total number of school days in the
respective district's or institute charter school's funding
averaging period.
(3) The department shall use the average daily membership,
preschool program average daily membership, at-risk pupil
average daily membership, English language learner average
daily membership, on-line average daily membership, and ASCENT
program average daily membership for the applicable funding
averaging period to calculate each district's and each institute
charter school's funded membership, total program, and
investment moneys for each budget year.
(4) Notwithstanding any provision of this article to the
contrary, the department, in calculating average daily
membership, preschool program average daily membership, at-risk
pupil average daily membership, English language learner
average daily membership, on-line average daily membership, and
ASCENT program average daily membership as provided in this
section, shall adjust the calculation as necessary to ensure that
a single student is not counted as more than a full-time pupil.
(5) A pupil who is identified as an at-risk pupil as provided in
section 22-54.5-411 once during a school year is presumed to
qualify as an at-risk pupil throughout the remainder of the
school year.
22-54.5-406. Attendance in district other than district of
residence. (1) (a) A district that pays tuition for a pupil who resides
in the district to attend public school in another Colorado school
district or in a school district of an adjoining state shall report
and be entitled to support for that pupil. A district shall not
report a pupil who is from another district and whose tuition is
paid by the pupil's district of residence.
(b) Notwithstanding the provisions of paragraph (a) of this
subsection (1), if a child with disabilities enrolls in a district other
than the child's district of residence, the district in which the
child with disabilities enrolls may include the child in the
district's membership for funding pursuant to this article and may
contract with the child's district of residence for payment of
tuition in accordance with section 22-20-109 (4).
(2) A court of record, the department of human services, or
another agency that is authorized to place a child in a residential
child care facility shall notify the child's school district of
residence, the district in which the child will receive educational
services, and the department of the placement within fifteen days
after the placement.
22-54.5-407. State public school fund - created. (1) (a) There is
created in the office of the state treasurer a fund, separate from
the general fund, to be known as the state public school fund. The
state treasurer shall credit to the state public school fund all
distributions from the state public school income fund made on or
after December 31, 1973, the state's share of all moneys received
from the federal government pursuant to the provisions of
section 34-63-102, C.R.S., and such additional moneys as the
general assembly appropriates, which are necessary to meet the
state funding requirements specified in this article. Moneys
annually appropriated by the general assembly shall be
transferred from the state general fund and credited to the
state public school fund in four quarterly installments on July
1, September 30, December 31, and March 31 to ensure the
availability of funds for the required distribution of state moneys
to districts and institute charter schools. The amounts of the
quarterly installments are determined in accordance with
estimates prepared by the department with respect to the required
distribution of state moneys to districts and institute charter
schools.
(b) Any unexpended balance of moneys appropriated by the
general assembly in the state public school fund at the end of a
fiscal year remains in the state public school fund and is
available for distribution during the following fiscal year.
(2) No later than thirty days before the beginning of the
budget year, the department shall determine the estimated
requirements to provide each district and each institute charter
school the amount it is eligible to receive from the state during
the next ensuing fiscal year of the state. The general assembly
shall base the amount of the appropriation to the state public
school fund on the requirements necessary to provide all
districts and institute charter schools with the amounts they are
each eligible to receive from the state pursuant to the provisions
of this article during the next ensuing state fiscal year.
(3) Notwithstanding any provision of this article to the
contrary, of the total amount appropriated by the general
assembly in the annual appropriation bill for each budget year to
meet the state's share of the total program of all districts and
the total funding for all institute charter schools, the
department may transfer an amount specified by the general
assembly in the annual general appropriation act for that budget
year to offset the direct and indirect administrative costs
incurred by the department in implementing the provisions of this
article. The total program of each district that receives state
share and the total funding for each institute charter school is
reduced by a percentage determined by dividing the amount of the
transfer by the total program of all districts that receive state
share plus the total funding for all institute charter schools.
The state share of each district is reduced by the amount of the
reduction in the district's total program or the amount of state
share, whichever is less. The funding for each institute charter
school is reduced by the amount of the reduction in the institute
charter school's total program. The department shall ensure
that the reduction in state share and institute charter school
funding required by this subsection (3) is accomplished before the
end of the budget year. The reductions described in this subsection
(3) are in addition to any reduction that may be required pursuant
to section 22-54.5-408 (3).
(4) The department shall annually identify by audit of
districts, the state charter school institute, and institute
charter schools any overpayments made to school districts and
institute charter schools. The net amount of overpayments
recovered by the department during a fiscal year that would
otherwise be transmitted to the state treasurer for deposit in the
general fund shall instead be transmitted to the state treasurer
for deposit in the state public school fund. The amount is
available for appropriation to the department in subsequent
fiscal years.
(5) The department shall reimburse districts for
educational services provided to juveniles pursuant to section
22-32-141 from moneys appropriated to the state public school
fund for that purpose.
(6) The department shall pay from moneys appropriated to
the state public school fund all publishing costs associated with
the annual printing of the laws enacted by the general assembly
concerning education.
22-54.5-408. Distribution from state public school fund.
(1) (a) No later than June 30 of each year, the state board shall
determine the amount of the state share of each district's total
program and the amount of investment moneys for each district
for the budget year beginning on July 1, and the total for all
districts. The amount for each district is payable from the state
public school fund in twelve approximately equal monthly
payments during the budget year; except that:
(I) The department shall adjust the payments following the
certification of valuations for assessment to the state board
pursuant to section 22-54.5-404 and the certification of any
payments in lieu of taxes received by districts pursuant to section
39-3-114.5, C.R.S.;
(II) The department shall adjust the payments following
certification pursuant to section 22-54.5-405 of membership and
multi-district on-line school and ASCENT program enrollment
for the first quarter of the then-current school year; and
(III) The department shall adjust the payments in
accordance with a district's instructions given pursuant to
paragraph (b) of this subsection (1).
(b) A district may give written instructions to the state
board directing the department to transfer a specified portion of
a monthly payment or monthly payments that the district is
otherwise entitled to receive pursuant to this section to the
division of vocational rehabilitation in the department of human
services for the district's cost of participating in school-to-work
alliance programs. The written instructions must specify the
amount that the department must transfer to the division of
vocational rehabilitation from the district's payment for a
specified month or months. The district shall submit the written
instructions to the state board no later than the fifth day of the
first month in which the amount is transferred to the division of
vocational rehabilitation.
(2) (a) No later than June 30 of each year, the state board
shall determine the amount of each institute charter school's
funding calculated pursuant to section 22-54.5-202 and the
amount of each institute charter school's investment moneys for
the budget year beginning on July 1, and the total for all
institute charter schools. The amount for each institute charter
school is payable from the state public school fund in twelve
approximately equal monthly payments during the budget year;
except that the department shall adjust the payments following
certification pursuant to section 22-54.5-405 of membership and
multi-district on-line school and ASCENT program enrollment
for the first quarter of the then-current school year.
(b) The department shall transfer the institute charter
school funding to the state charter school institute for
distribution pursuant to section 22-30.5-513.5; except that the
department may withhold up to one percent of the total amount
distributed to the state charter school institute to offset the
reasonable and necessary expenses the department incurs in
implementing part 5 of article 30.5 of this title.
(3) (a) The general assembly shall make annual
appropriations to fund the state share of the total program of all
districts, the total program of all institute charter schools, and
the investment moneys for all districts and institute charter
schools.
(b) If the appropriation, as established in the general
appropriation act, for the state share of the total program of all
districts, the total program of all institute charter schools, and
the investment moneys for all districts and institute charter
schools pursuant to this article, for a budget year is not
sufficient to fully fund the state share for districts, the total
program for institute charter schools, and the investment moneys
for all districts and institute charter schools, the department
shall submit a request for a supplemental appropriation in an
amount that will fully fund the state share for districts, the
total program for institute charter schools, and the investment
moneys for all districts and institute charter schools. The
department shall submit the request to the general assembly
during the fiscal year in which the funding deficit occurs.
(c) If the general assembly does not make a supplemental
appropriation to fully fund the state share of total program of
all districts, the total program of all institute charter schools,
and the investment moneys for all districts and institute charter
schools, or the general assembly enacts a supplemental
appropriation to reduce the state share of total program of all
districts, the total program for institute charter schools, and
the investment moneys for all districts and institute charter
schools, the department shall reduce the state share for each
district, and the funding for each institute charter school as
provided in this paragraph (c). The department shall reduce the
total program of each district that receives state share and the
total program of each institute charter school by a percentage
determined by dividing the deficit in the appropriation or the
reduction in the appropriation, whichever is applicable, by the
total program of all districts that receive state share and all
institute charter schools. The department shall reduce the state
share of each district by the amount of the reduction in the
district's total program or the amount of state share, whichever
is less. The department shall reduce the funding for each institute
charter school by the amount of the reduction in the institute
charter school's total program. The department shall ensure
that it accomplishes the reduction in state share required by this
paragraph (c) before the end of the budget year.
(4) No later than the fifteenth day of each month, the state
board shall certify to the state treasurer the amount payable to
each district and to the state charter school institute for
institute charter schools in accordance with this section during
the month and the amount, if any, to be transferred to the division
of vocational rehabilitation during the month in accordance with
paragraph (b) of subsection (1) of this section.
(5) No later than the twenty-fifth day of each month, the
state treasurer shall:
(a) Pay the amount certified as payable to each district,
less the total amount of any direct payments of principal and
interest due on bonds pursuant to section 22-30.5-406 made by the
state treasurer on behalf of a charter school authorized by the
district, directly to the treasurer of each district or, in
accordance with written instructions from the district, directly
to an account designated by the district that allows the district
to retain title to the moneys;
(b) Transfer the amount certified, if any, to the division of
vocational rehabilitation; and
(c) Pay the amount certified as payable to the state charter
school institute directly or, in accordance with written
instructions from the state charter school institute, directly to
an account designated by the state charter school institute that
allows the state charter school institute to retain title to the
funds.
(6) The state board shall take care to avoid overpayment
of state moneys. If the department finds that a district or the
state charter school institute has been overpaid in a month, the
state board shall adjust the following monthly payment or
payments to the district or the state charter school institute so
as to recover the amount overpaid. If an overpayment cannot be
recovered, the district or the state charter school institute that
received the overpayment shall refund the overpayment amount
to the state public school fund.
22-54.5-409. Facility school funding - rules - definitions -
legislative declaration. (1) As used in this section, unless the
context otherwise requires:
(a) "Approved facility school" has the same meaning as
provided in section 22-2-402 (1).
(b) "Facility" has the same meaning as provided in section
22-2-402 (3).
(c) "Pupil enrollment" means the number of students
receiving educational services at an approved facility school or
state program.
(d) "State program" means the Colorado school for the
deaf and the blind or the education program operated by the
Colorado mental health institute at Pueblo or Fort Logan for
students for whom the institute has responsibility because of a
court order or other action by a public entity in Colorado.
(e) "Statewide base per pupil funding" means the amount
specified in section 22-54.5-201 (3) (b).
(2) (a) The general assembly finds that:
(I) The unique environments of approved facility schools
and state programs and the population of students that they
serve create obstacles to learning and academic growth that
other public schools and students do not encounter;
(II) Because approved facility schools and state programs
must operate year round, their need for funding remains constant
year round; and
(III) Although students in approved facility schools may or
may not be economically at-risk, the circumstances that have
resulted in their placement in approved facility schools and state
programs make it likely that they are academically at-risk and
require costly educational support services to achieve academic
growth.
(b) The general assembly finds, therefore, that it is
appropriate to fund approved facility schools and state programs:
(I) By an additional one-third above the statewide base per
pupil funding amount to recognize the increased costs of
educating students in approved facility schools and state
programs year round; and
(II) By an additional forty percent above the statewide base
per pupil funding amount to offset the increased costs inherent in
providing education services to the students who are placed in
approved facility schools and state programs.
(3) Each approved facility school and state program that
meets the requirements of this section receives education program
funding, which the department shall distribute pursuant to
subsection (4) of this section. The amount of funding available for
all approved facility schools and state programs in a budget year
is an amount equal to the pupil enrollment of each approved
facility school and state program for the applicable budget year
multiplied by an amount equal to one and seventy-three
hundredths of the statewide base per pupil revenue for the
applicable budget year.
(4) (a) To receive education program funding pursuant to
this section, an approved facility school or a state program must,
on or before the fifteenth day of each month, report to the
department, in a manner determined by the department, the actual
number of students who received educational services at the
facility school or state program for the prior calendar month
and the corresponding number of full-time equivalent students to
which the approved facility school or state program provided
educational services. The department may accept amended
monthly reports from an approved facility school or a state
program before making the distribution of funding for the
applicable month pursuant to paragraph (b) of this subsection (4).
(b) On or before the fifteenth day of the month following
the month in which an approved facility school or a state program
reported the number of students to which it provided educational
services and the number of full-time equivalent students to which
the approved facility school or state program provided services
pursuant to paragraph (a) of this subsection (4), the department
shall pay the approved facility school or state program a
proportional amount of the total amount of education program
funding as determined pursuant to subsection (3) of this section,
based on the approved facility school's or state program's
reported number of full-time equivalent students.
(c) The department may prorate the payments made
pursuant to paragraph (b) of this subsection (4) if the department
determines that proration is necessary to accommodate a
projected shortfall in education program funding as calculated
pursuant to subsection (3) of this section.
(5) In each applicable budget year, the general assembly
shall appropriate to the department the amount required for
education program funding pursuant to subsection (3) of this
section.
(6) (a) The state board shall promulgate rules in
accordance with the "State Administrative Procedure Act",
article 4 of title 24, C.R.S., as necessary for the administration
and enforcement of this section. In promulgating the rules, the
state board shall seek input from approved facility schools, state
programs, districts, and organizations that represent facility
schools.
(b) In promulgating rules pursuant to paragraph (a) of this
subsection (6), the state board shall seek input from the facility
schools board created in section 22-2-404.
(7) The general assembly finds and declares that, for the
purposes of section 17 of article IX of the state constitution,
providing funding for pupils who are placed in a facility and
receive educational services through an approved facility school,
who attend the Colorado school for the deaf and the blind, or
who receive educational services through an education program
operated by the Colorado mental health institute at Pueblo or
Fort Logan is a program for accountable education reform and
may therefore receive funding from the state education fund
created in section 17 (4) of article IX of the state constitution.
22-54.5-410. Funding - allocation within districts - rules.
(1) (a) Each district shall annually calculate the district's per
pupil at-risk funding, including any at-risk supplemental payment
received pursuant to section 22-54.5-303 (3), by dividing the total
amount of at-risk funding received by the district for the
applicable budget year by the number of at-risk pupils enrolled in
the district each school day, totaled for the applicable funding
averaging period and divided by the number of school days in the
applicable funding averaging period.
(b) Each district shall annually allocate the district
at-risk funding as follows:
(I) To each charter school of the district, an amount equal
to the per pupil at-risk funding multiplied by the charter school's
at-risk pupil average daily membership for the applicable funding
averaging period; and
(II) To each public school of the school district that is not
a charter school, the district's state share portion of the per pupil
at-risk funding multiplied by the public school's at-risk pupil
average daily membership for the applicable funding averaging
period.
(2) (a) Each district shall annually calculate the district's
per pupil English language learner funding by dividing the total
amount of English language learner funding received by the
district for the applicable budget year by the district's English
language learner average daily membership for the applicable
funding averaging period.
(b) Each district shall annually allocate the district
English language learner funding as follows:
(I) To each charter school of the district, an amount equal
to the per pupil English language learner funding multiplied by
the charter school's English language learner average daily
membership for the applicable funding averaging period; and
(II) To each public school of the district that is not a
charter school, the district's state share portion of the per pupil
English language learner funding multiplied by the public
school's English language learner average daily membership for
the applicable funding averaging period.
(3) Following certification pursuant to section 22-54.5-405
of membership and multi-district on-line school enrollment for
the first quarter of the then-current school year, the district
shall recalculate its per pupil at-risk funding and per pupil
English language learner funding and adjust the distribution to
charter schools and other public schools of the district
accordingly.
(4) (a) The principal of each public school that is not a
charter school and that receives an allocation of per pupil
at-risk funding and per pupil English language learner funding
pursuant to this section shall develop a budget that specifies how
the principal will use the moneys for programs and personnel that
primarily serve at-risk and English language learners enrolled
at the public school. The principal shall design the budget to
enable the public school to meet the district-adopted achievement
targets for at-risk pupils and English language learners enrolled
in the district. Before implementing the budget, the principal shall
submit the budget to the district superintendent, or a designee,
for review and comment. The superintendent or the designee shall
review the budget for alignment with the major improvement
strategies identified in the school's performance, improvement,
priority improvement, or turnaround plan for at-risk pupils and
English language learners using the standards, curricula,
programs, and interventions approved by the district board of
education. If the budget does not align with the standards,
curricula, programs, or interventions approved by the district
board of education, the board may approve the standards,
curricula, programs, or interventions set forth in the principal's
budget. In creating the budget, the principal shall ensure that the
at-risk funding is not used for programs, activities, or personnel
that do not primarily serve at-risk pupils and that the English
language learner funding is not used for programs, activities, or
personnel that do not primarily serve English language learners.
(b) A principal may use the at-risk funding allocated to the
principal's public school pursuant to this section to purchase
at-risk programs or services from the district and may use the
English language learner funding allocated to the principal's
public school to purchase English language learner programs or
services from the district.
(c) A principal may choose to forego the control of at-risk
funding and English language learner funding allocated to the
principal's public school pursuant to this section, in which case the
district maintains control of the at-risk funding and English
language learner funding allocated to the public school.
(5) Each district shall use the local share of the at-risk
funding to provide programs, activities, and personnel that
primarily serve at-risk pupils. Each district shall use the local
share of the English language learner funding to provide
programs, activities, and personnel that primarily serve English
language learners.
(6) Notwithstanding any provision of this section to the
contrary, a district may apply to the state board for a waiver of
the requirements of this section regarding distribution of per pupil
at-risk funding and per pupil English language learner funding to
the schools of the district that are not charter schools. The
state board may grant the waiver by a majority vote only if it
finds that the district has in place and is implementing a
student-based funding allocation plan that distributes a
significant portion of the district's funding to the control of the
principals of the schools of the district that are not charter
schools. The state board may promulgate rules as necessary to
implement this subsection (6).
(7) Notwithstanding any provision of this section to the
contrary, a district that is subject to a court order or
court-approved consent decree, or to a settlement agreement
with the United States department of justice or the office for civil
rights of the United States department of education, that directs
the district's implementation of English language acquisition
programs is not required to allocate any portion of the English
language learner funding to the public schools of the district
that are not charter schools.
22-54.5-411. National school lunch eligibility - applications.
(1) Except as otherwise provided in subsection (2) of this section,
each school of a district, including each charter school of a
district, and each institute charter school shall include in the
materials for pupil registration the pupil application form to
participate under the federal "National School Lunch Act", 42
U.S.C. sec. 1751 et seq., referred to in this section as the "pupil
application form". The registration materials must include an
explanation to parents that the school of the district, district
charter school, or institute charter school uses the pupil
application form to determine whether the school of the district,
district charter school, or institute charter school is eligible for
at-risk funding on behalf of the pupil and that, by filling out the
form, the parent is ensuring that the school district or school
will receive the at-risk funding to which it is entitled based on the
population of at-risk pupils served by the school district or
school.
(2) If one or more schools of a school district or if a district
charter school or an institute charter school does not
participate in the federal child nutrition programs under the
federal "National School Lunch Act", 42 U.S.C. sec. 1751 et seq., or
the federal "Child Nutrition Act of 1966", 42 U.S.C. sec. 1771 et
seq., the school district, the district charter school, or the
institute charter school shall use the family economic data
survey form created by the department, in lieu of the pupil
application form, to identify pupils who qualify as at-risk pupils.
(3) In certifying the average daily enrollment pursuant to
section 22-54.5-405, the secretary of the board of education of
each district and each institute charter school shall specify as
at-risk pupils those pupils identified through use of the pupil
application form and the family economic data survey form. A
pupil who is identified as an at-risk pupil once during a school year
is presumed to qualify as an at-risk pupil throughout the
remainder of the school year.
22-54.5-412. Preschool through twelfth grade education reserve
fund - created. (1) There is created in the state treasury the
preschool through twelfth grade education reserve fund,
referred to in this section as the "reserve fund". The general
assembly shall appropriate to the reserve fund an amount equal
to up to forty percent of the revenues received by the state
before July 1, 2015, as a result of a citizen-initiated increase in
state tax revenues for the purpose of funding preschool through
twelfth grade public education, which increase is approved by a
majority of the votes cast in the statewide election held in
November 2013. The moneys in the reserve fund are subject to
annual appropriation by the general assembly for the purposes
specified in section 22-54.5-102 (3).
(2) The state treasurer may invest any moneys in the
reserve fund not expended for the purpose of this section as
provided by law. The state treasurer shall credit all interest and
income derived from the investment and deposit of moneys in the
reserve fund to the reserve fund. Any unexpended and
unencumbered moneys remaining in the reserve fund at the end of
a fiscal year must remain in the reserve fund and shall not be
credited or transferred to the general fund or another fund.
22-54.5-413. Educator effectiveness reserve fund - created.
(1) There is created in the state treasury the educator
effectiveness reserve fund. The general assembly shall
appropriate to the educator effectiveness reserve fund an amount
equal to up to fifteen percent of the revenues received by the
state before July 1, 2015, as a result of a citizen-initiated increase
in state tax revenues for the purpose of funding preschool
through twelfth grade public education, which increase is
approved by a majority of the votes cast in the statewide election
held in November 2013. The moneys in the educator effectiveness
reserve fund are subject to annual appropriation by the general
assembly for initiatives to recruit, prepare, and retain effective
educators, giving first priority to supporting initiatives that exist
as of the effective date of this section.
(2) The state treasurer may invest any moneys in the
educator effectiveness reserve fund not expended for the purpose
of this section as provided by law. The state treasurer shall
credit all interest and income derived from the investment and
deposit of moneys in the educator effectiveness reserve fund to
the educator effectiveness reserve fund. Any unexpended and
unencumbered moneys remaining in the educator effectiveness
reserve fund at the end of a fiscal year must remain in the
educator effectiveness reserve fund and shall not be credited or
transferred to the general fund or another fund.
22-54.5-414. Education technology fund - created. (1) There is
created in the state treasury the education technology fund. The
general assembly shall appropriate to the education technology
fund an amount equal to up to five percent of the revenues
received by the state before July 1, 2015, as a result of a
citizen-initiated increase in state tax revenues for the purpose of
funding preschool through twelfth grade public education, which
increase is approved by a majority of the votes cast in the
statewide election held in November 2013. The moneys in the
education technology fund are subject to annual appropriation
by the general assembly to assist school districts and public
schools in purchasing and maintaining technology, including
hardware and software, that is needed to support educational
reforms and programmatic enhancements.
(2) The state treasurer may invest any moneys in the
education technology fund not expended for the purpose of this
section as provided by law. The state treasurer shall credit all
interest and income derived from the investment and deposit of
moneys in the education technology fund to the education
technology fund. Any unexpended and unencumbered moneys
remaining in the education technology fund at the end of a fiscal
year must remain in the education technology fund and shall not
be credited or transferred to the general fund or another fund.
SECTION 2. In Colorado Revised Statutes, add 22-30.5-111.5 and
22-30.5-111.7 as follows:
22-30.5-111.5. Charter schools - financing - definitions. (1) As
used in this section, unless the context otherwise requires:
(a) "Additional local revenues" means the local property
tax revenues that a district is authorized to collect by voter
approval received on or after the effective date of this section
and that are in addition to the district's total program mill levy;
except that "additional local revenues" does not include amounts
authorized pursuant to section 22-40-110 or article 42 or article
43 of this title for capital improvements in growth districts for
the purpose of repaying bonded indebtedness or refunding bonds.
(b) "ASCENT program average daily membership" has the
same meaning as provided in section 22-54.5-103 (4).
(c) "At-risk" has the same meaning as provided in section
22-54.5-103 (5).
(d) "At-risk pupil average daily membership" has the same
meaning as provided in section 22-54.5-103 (6).
(e) "Average daily membership" has the same meaning as
provided in section 22-54.5-103 (8).
(f) "Central administrative overhead costs" means indirect
costs incurred in providing:
(I) Services listed under the heading of support services -
general administration in the school district chart of accounts
as specified by rule of the state board; and
(II) Salaries and benefits for administrative job
classifications listed under the headings of support services -
business and support services - central in the school district chart
of accounts as specified by rule of the state board.
(g) "Direct costs" means the direct costs incurred by a
school district solely for the purpose of reviewing charter
applications, negotiating the charter contract, and providing
direct oversight to charter schools. "Direct costs" does not
include the school district's legal or other costs attributable to
litigation or the resolution of a dispute with a charter school.
(h) "District's certified charter school average daily
membership" has the same meaning as provided in section
22-54.5-309 (1) (c).
(i) "English language learner" has the same meaning as
provided in section 22-54.5-103 (16).
(j) "English language learner average daily membership"
has the same meaning as provided in section 22-54.5-103 (17).
(k) "Excess cost of providing federally required
educational services" means the per pupil cost that a school
district incurs in providing federally required educational
services to students, minus the amount the school district
receives in federal and state moneys to provide the services.
(l) "Funding averaging period" has the same meaning as
provided in section 22-54.5-103 (20).
(m) "Investment moneys" has the same meaning as provided
in section 22-54.5-103 (23).
(n) "Membership" has the same meaning as provided in section
22-54.5-103 (26).
(o) "Multi-district on-line school" has the same meaning as
provided in section 22-30.7-102 (6).
(p) "On-line average daily membership" has the same
meaning as provided in section 22-54.5-103 (28).
(q) "Per pupil funding" means the amount calculated for a
district pursuant to section 22-54.5-201 (3).
(r) "Qualified charter school" has the same meaning as
provided in section 22-54.5-309 (1) (e).
(2) (a) For purposes of the "Public School Finance Act",
article 54.5 of this title, an authorizing school district shall
include the pupils enrolled in a charter school in the school
district's daily membership for purposes of calculating average
daily membership, preschool program average daily membership,
at-risk pupil average daily membership, and English language
learner average daily membership, as applicable, for each budget
year. The authorizing school district shall also include the pupils
enrolled in the charter school in the district's daily
multi-district on-line school and ASCENT program enrollment, as
applicable, for purposes of calculating the district's on-line
average daily membership and ASCENT program average daily
membership for each budget year. In certifying membership and
multi-district on-line school and ASCENT program enrollment to
the department pursuant to section 22-54.5-405, the authorizing
school district shall specify the number of pupils included in the
school district's membership and multi-district on-line school and
ASCENT program enrollment who are actually included in the
membership and multi-district on-line school and ASCENT
program enrollment of each charter school.
(b) The school district shall identify in a report to the
department:
(I) Each charter school that is a qualified charter school;
(II) Each qualified charter school that will be operating in
a school district facility and that does not have ongoing
financial obligations incurred to repay the outstanding costs of
new construction undertaken for the charter school's benefit;
and
(III) An estimate of the number of pupils expected to be
included in the average daily membership for each qualified
charter school for the funding average period for the budget
year following the budget year in which the district submits the
report.
(3) (a) As part of the charter school contract, each charter
school and the authorizing school district shall agree on funding
and any services that the school district provides to the charter
school. Except as otherwise provided in subsections (5) and (6) of
this section, the charter school and the authorizing school
district shall negotiate funding under the charter contract,
starting with the amounts specified in subsection (4) of this
section.
(b) Each authorizing school district shall pay to each
charter school of the school district the amounts that are due to
each charter school as provided in this section. The school
district shall pay the amounts in twelve monthly installments as
soon as practicable after the school district receives
distributions of moneys from the department pursuant to section
22-30.5-408.
(c) Following certification pursuant to section 22-54.5-405
of membership and multi-district on-line school and ASCENT
program enrollment for the first quarter of the school year, the
district shall adjust the distribution of moneys to the charter
schools of the district based on each charter school's average
daily membership, at-risk average daily membership, English
language learner average daily membership, on-line average
daily membership, if applicable, and ASCENT program average
daily membership, if applicable, for the funding averaging period
for the then-current budget year.
(4) (a) Except as otherwise provided in subsections (5) and (6)
of this section, negotiations between a charter school and the
authorizing district begin with the charter school receiving an
amount equal to:
(I) The authorizing district's per pupil funding for the
applicable budget year multiplied by the charter school's average
daily membership for the applicable funding averaging period; plus
(II) The ASCENT program funding amount for the applicable
budget year specified in section 22-54.5-201 (7) multiplied by the
charter school's ASCENT program average daily membership for
the applicable funding averaging period; plus
(III) The at-risk funding and English language learner
funding allocated to the charter school for the applicable
budget year pursuant to section 22-54.5-410; plus
(IV) The investment moneys in the per pupil amount
calculated pursuant to section 22-54.5-301 (3) multiplied by the
charter school's average daily membership for the applicable
funding averaging period.
(b) In negotiating the charter school's funding, the charter
school and the authorizing school district may, by negotiation
allow the school district to retain the actual amount of the
charter school's per pupil share of the central administrative
overhead costs for services actually provided to the charter
school, up to five percent of the amount specified in subparagraph
(I) of paragraph (a) of this subsection (4).
(5) (a) If a charter school is a multi-district on-line school,
negotiations between the charter school and the authorizing
district begin with the charter school receiving an amount equal
to:
(I) The on-line funding amount for the applicable budget
year specified in section 22-54.5-201 (6) multiplied by the charter
school's on-line average daily membership for the applicable
funding averaging period; plus
(II) The at-risk funding and English language learner
funding allocated to the charter school for the applicable
budget year pursuant to section 22-54.5-410.
(b) In negotiating the charter school's funding, the charter
school and the authorizing school district may, by negotiation,
allow the school district to retain the actual amount of the
charter school's per pupil share of the central administrative
overhead costs for services actually provided to the charter
school, up to five percent of the amount specified in subparagraph
(I) of paragraph (a) of this subsection (5).
(6) (a) If a school district that has an average daily
membership of five hundred or fewer students for the most recent
funding averaging period authorizes a charter school that is not
a multi-district on-line school, the charter school receives
funding in the amount of the greater of:
(I) The total of the amounts specified in paragraph (a) of
subsection (4) of this section minus the actual amount of the
charter school's per pupil share of the central administrative
overhead costs incurred by the school district, based on audited
figures; or
(II) Eighty-five percent of the amount specified in
subparagraph (I) of paragraph (a) of subsection (4) of this section
plus the total of the amounts specified in subparagraphs (II) to (IV)
of paragraph (a) of subsection (4) of this section.
(b) If a school district that has an average daily
membership of five hundred or fewer students for the most recent
funding averaging period authorizes a charter school that is a
multi-district on-line school, the charter school receives funding
in the amount of the greater of:
(I) The total of the amounts specified in paragraph (a) of
subsection (5) of this section minus the actual amount of the
charter school's per pupil share of the central administrative
overhead costs incurred by the school district, based on audited
figures; or
(II) Eighty-five percent of the amount specified in
subparagraph (I) of paragraph (a) of subsection (5) of this section
plus the amount specified in subparagraph (II) of paragraph (a) of
subsection (5) of this section.
(7) In addition to the moneys a charter school receives
pursuant to subsection (4), (5), or (6) of this section:
(a) (I) A school district shall distribute to each qualified
charter school of the school district an amount equal to the
percentage of the district's certified charter school average
daily membership that is attributable to pupils expected to be
enrolled in the qualified charter school multiplied by the total
amount of state education fund moneys distributed to the district
for the same budget year pursuant to section 22-54.5-309. The
school district must provide the funding to each qualified charter
school by making a monthly payment to the qualified charter
school as soon as possible after the district receives a monthly
payment of moneys pursuant to section 22-54.5-309.The qualified
charter school shall use the moneys received pursuant to this
paragraph (a) solely for capital construction as defined in section
22-54.5-309 (1) (a).
(II) For purposes of this paragraph (a), "pupils" does not
include pupils who are enrolled in an on-line program, as defined
in section 22-30.7-102 (9), or in an on-line school, as defined in
section 22-30.7-102 (9.5).
(b) A school district shall distribute to a charter school of
the school district any small attendance center aid that the
school district receives pursuant to section 22-54.5-306 on behalf
of the charter school.
(c) (I) A school district shall distribute to the charter
schools of the school district each charter school's
proportionate share of moneys received pursuant to federal or
state categorical aid programs, other than federally required
educational services, based on the pupils enrolled in each charter
school; except that, if a school district receives small attendance
center aid pursuant to section 22-54.5-306 for a small attendance
center that is a charter school of the school district, the school
district shall forward the entire amount of the aid to the charter
school.
(II) Each charter school that serves students who may be
eligible to receive services provided through federal aid
programs must comply with all federal reporting requirements to
receive the distribution of federal aid from the school district.
(d) A school district shall distribute to the charter
schools of the school district a percentage of additional local
revenues as negotiated pursuant to subsection (13) of this section.
(e) Each charter school retains the fees collected from
students enrolled at the charter school.
(8) Before the beginning of each budget year, the charter
school and the authorizing school district shall negotiate for
payment to the school district of any direct costs incurred by the
school district on behalf of the charter school. If the charter
school and the school district do not reach agreement regarding
the payment of direct costs, the school district is barred from
withholding from the charter school any moneys as
reimbursement for direct costs. The school district shall provide
an itemized accounting to each charter school for the direct
costs incurred by the school district with the itemized accounting
provided pursuant to section 22-30.5-111.7.
(9) A charter school, at its discretion, may contract with
the authorizing school district for the direct purchase of district
services in addition to those included in central administrative
overhead costs, including but not limited to food services,
custodial services, maintenance, curriculum, media services, and
libraries. The amount that a charter school pays in purchasing a
district service pursuant to this subsection (9) is equal to the cost
of providing the service for the entire school district, as specified
in the school district's budget for the applicable budget year,
divided by the school district's average daily membership plus the
school district's on-line average daily membership for the
applicable funding averaging period, multiplied by the charter
school's average daily membership or on-line average daily
membership, whichever is applicable, for the applicable funding
averaging period.
(10) In accordance with section 22-30.5-406, an authorizing
school district shall reduce the funding provided to a charter
school pursuant to subsection (4), (5), or (6) of this section,
whichever is applicable, by the amount of any direct payments
made by the state treasurer or the authorizing school district, on
the charter school's behalf, of principal and interest due on bonds
that were issued on the charter school's behalf by a
governmental entity other than a school district to finance
charter school capital construction.
(11) (a) An authorizing school district shall provide
federally required educational services to students enrolled in
the charter schools of the school district on the same basis that
the school district provides services to students enrolled in the
other public schools of the school district. Each charter school
shall pay an amount equal to the excess cost of providing
federally required educational services, multiplied by the
charter school's average daily membership for the applicable
funding averaging period. At the request of either the charter
school or the school district, however, the charter school and
the school district may negotiate and include in the charter
contract alternate arrangements for providing and paying for
federally required educational services.
(b) If a charter school and the authorizing school district
negotiate to allow the charter school to provide federally
required educational services pursuant to paragraph (a) of this
subsection (11), the school district or administrative unit shall
distribute to the charter school the proportionate share of state
and federal resources generated by students enrolled in the
charter school who receive the federally required educational
services or by the staff who serve the students.
(12) If a student with a disability attends a charter school,
the school district of residence is responsible for paying any
tuition charge for the excess costs incurred in educating the
student in accordance with the provisions of section 22-20-109 (5).
(13) (a) If an authorizing school district seeks voter
approval to collect additional local revenues on or after the
effective date of this section, the authorizing school district must
invite the charter schools of the school district to participate in
the discussions regarding submission of the ballot question at the
earliest possible time but no later than June 1 of the applicable
election year.
(b) An authorizing school district and a charter school
shall negotiate the percentage that the charter school receives
of the additional local revenues that the authorizing school
district collects. If the authorizing school district and the
charter school cannot reach agreement on the percentage of
additional local revenues that the charter school receives, the
charter school may apply to the state charter school institute to
convert to an institute charter school as provided in section
22-30.5-510, regardless of whether the authorizing school district
has exclusive jurisdiction to authorize charter schools within its
geographic boundaries.
(c) Except as specifically provided in paragraph (b) of this
subsection (13), the provisions of this subsection (13) do not affect
a school district's exclusive jurisdiction to authorize charter
schools within its geographic boundaries.
(14) Each charter school that receives at-risk funding
shall use the at-risk funding to provide programs, activities, and
personnel that primarily serve at-risk pupils. Each charter school
that receives English language learner funding shall use the
English language learner funding to provide programs, activities,
and personnel that primarily serve English language learners.
(15) The governing body of a charter school may accept
gifts, donations, or grants of any kind made to the charter school
and expend or use the gifts, donations, or grants in accordance
with the conditions prescribed by the donor; however, the
governing body shall not accept a gift, donation, or grant if it is
subject to any condition contrary to law or contrary to the
terms of the charter school's charter contract.
(16) Moneys that a charter school receives from any
source that remain in the charter school's accounts at the end of
a budget year must remain in the charter school's accounts for
use by the charter school during subsequent budget years and do
not revert to the school district or to the state.
(17) (a) This section takes effect upon the proclamation by
the governor of the vote cast in a statewide election held no
later than November 2017 at which a majority of those voting
approve a citizen-initiated increase in state tax revenues for the
purpose of funding preschool through twelfth grade public
education, so long as the amount of the approved revenue increase
is equal to or greater than the total estimated state fiscal impact
associated with the payment of the state share of total program
pursuant to section 22-54.5-203, investment moneys pursuant to
section 22-54.5-301, hold-harmless moneys pursuant to section
22-54.5-302, and per pupil supplemental payments pursuant to
section 22-54.5-303, in the second budget year commencing after
the increase is approved, as stated in the final fiscal note prepared
for Senate Bill 13-213, enacted in 2013.
(b) The provisions of this section apply in the second budget
year commencing after the statewide election at which the voters
approve the increase in state tax revenues for the purpose of
funding public education and in budget years thereafter.
22-30.5-111.7. Financial reporting - request for accounting.
(1) (a) A charter school shall comply with all of the state
financial and budget rules, regulations, and financial reporting
requirements with which the authorizing school district is
required to comply, including but not limited to annual
completion of an independent governmental audit that complies
with the requirements of the department.
(b) A school district, under the circumstances specified in
the contract between the school district and the charter school
pursuant to section 22-30.5-105 (2) (c) (IV), may withhold a portion
of a charter school's monthly payment due pursuant to section
22-30.5-111.5 until the charter school complies with the financial
reporting requirements.
(2) (a) Within ninety days after the end of each budget year,
each school district shall provide to each charter school of the
school district an itemized accounting of all of the charter
school's central administrative overhead costs for the applicable
budget year. The actual central administrative overhead costs
must be the amount charged to the charter school. The school
district and the charter school shall reconcile any difference,
within the limitations specified in section 22-30.5-111.5 (4) (b), (5) (b),
or (6), between the amount the school district initially charged
to the charter school and the actual cost, and the owed party
shall receive appropriate reimbursement.
(b) Within ninety days after the end of each budget year,
each school district shall provide to each charter school of the
school district an itemized accounting of all the actual costs of
district services the charter school chose to purchase from the
school district for the applicable budget year, calculated in
accordance with section 22-30.5-111.5 (9). The school district and
the charter school shall reconcile any difference between the
amount initially charged to the charter school and the actual
cost of the services, and the owed party shall receive appropriate
reimbursement.
(c) Within ninety days after the end of each budget year,
each school district shall provide to each charter school of the
school district an itemized accounting of all the actual special
education costs that the school district incurred for the
applicable budget year and the basis of any per-pupil charges for
special education that the school district imposed against
charter school for the applicable budget year.
(d) If either party disputes the itemized accounting provided
pursuant to paragraph (a), (b), or (c) of this subsection (2), or the
charges included in an accounting or the charges to either party,
the disputing party may request a third-party review at the
disputing party's expense. The department shall conduct the
review, and the department's determination is final.
(3) (a) If a charter school determines that the authorizing
school district has not forwarded to the charter school the
amount due to the charter school in accordance with the terms
of the charter contract and the provisions of section
22-30.5-111.5, the charter school may request a determination
from the state board regarding whether the authorizing school
district improperly withheld any portion of the amount due to the
charter school. A charter school that requests a determination
pursuant to this subsection (3) must submit the request within the
next budget year following the budget year in which the
authorizing school district may have improperly withheld
funding; except that, if the charter contract requires the charter
school to complete any requirements before seeking a
determination from the department pursuant to this subsection
(3), the charter school must submit the request no later than the
end of the next budget year following the budget year in which
the charter school completes the requirements.
(b) If the state board receives a request for a determination
of whether the authorizing school district has improperly
withheld any portion of the amount due to a charter school, the
state board must direct the department to review the terms of the
charter contract and the financial information of the charter
school, and the authorizing school district and report to the
state board its findings regarding whether the authorizing school
district improperly withheld any portion of the amount due to the
charter school. The department shall request from the
authorizing school district and the charter school all
information necessary to make the findings, including but not
limited to audited financial data. The authorizing school district
and the charter school must provide the requested information as
soon as possible following the request, but in no event later than
thirty days after the annual financial audit is completed. The
department must forward its report to the state board within
sixty days after receiving all of the requested information from
the authorizing school district and the charter school.
(c) At the next state board meeting after receiving the
department's report pursuant to paragraph (b) of this subsection
(3), the state board shall issue its decision regarding whether the
authorizing school district improperly withheld any portion of
the amount due to the charter school. If the state board finds
that the authorizing school district improperly withheld any
portion of the amount due to the charter school, the authorizing
school district shall pay to the charter school, within thirty
days after the state board issues the decision, the amount
improperly withheld. In addition, the authorizing school district
shall pay the department's costs incurred in reviewing the
necessary information to make its report. If the state board finds
that the authorizing school district did not improperly withhold
any portion of the amount due to the charter school, the charter
school shall pay the department's costs incurred in reviewing the
necessary information to make its report.
(d) If the authorizing school district fails within the
thirty-day period to pay the full amount that was improperly
withheld, the charter school may notify the department, and the
department shall withhold from the authorizing school district's
state share of total program the unpaid portion of the amount
improperly withheld by the authorizing school district from the
charter school and pay the withheld amount directly to the
charter school.
(4) (a) If a charter school determines that a school district
has not paid the tuition charge for the excess costs incurred in
educating a child with a disability as required in section 22-20-109
(5), the charter school may seek a determination from the state
board in accordance with the provisions of subsection (3) of this
section.
(b) If the state board finds that the school district has
improperly withheld moneys due to the charter school, the school
district, within thirty days after the state board issues the
decision, shall pay to the charter school the amount improperly
withheld. In addition, the school district shall pay the
department's costs incurred in reviewing the necessary
information to make its report. If the school district fails, within
the thirty-day period, to pay the full amount that was improperly
withheld, the charter school may notify the department, and the
department shall withhold from the school district's state share
of total program the unpaid portion of the amount improperly
withheld by the district and pay the amount withheld directly to
the charter school.
(c) If the state board finds that the school district did not
improperly withhold any portion of the amount due to the charter
school, the charter school shall pay the department's costs
incurred in reviewing the necessary information to make its
report.
(5) (a) This section takes effect upon the proclamation by
the governor of the vote cast in a statewide election held no
later than November 2017 at which a majority of those voting
approve a citizen-initiated increase in state tax revenues for the
purpose of funding preschool through twelfth grade public
education, so long as the amount of the approved revenue increase
is equal to or greater than the total estimated state fiscal impact
associated with the payment of the state share of total program
pursuant to section 22-54.5-203, investment moneys pursuant to
section 22-54.5-301, hold-harmless moneys pursuant to section
22-54.5-302, and per pupil supplemental payments pursuant to
section 22-54.5-303, in the second budget year commencing after
the increase is approved, as stated in the final fiscal note prepared
for Senate Bill 13-213, enacted in 2013.
(b) The provisions of this section apply in the second budget
year commencing after the statewide election at which the voters
approve the increase in state tax revenues for the purpose of
funding public education and in budget years thereafter.
SECTION 3. In Colorado Revised Statutes, add 22-30.5-513.5 as
follows:
22-30.5-513.5. Institute charter schools - funding - definitions.
(1) As used in this section, unless the context otherwise requires:
(a) "Administrative overhead costs" means all actual and
reasonable costs incurred by the institute as a result of its
performance of its obligations pursuant to this part 5.
"Administrative overhead costs" does not include the costs
incurred to deliver services that an institute charter school may
purchase at its discretion.
(b) "ASCENT program" has the same meaning as provided in
section 22-54.5-103 (3).
(c) "ASCENT program average daily membership" has the
same meaning as provided in section 22-54.5-103 (4).
(d) "At-risk" has the same meaning as provided in section
22-54.5-103 (5).
(e) "At-risk funding" means the funding calculated for an
institute charter school pursuant to section 22-54.5-202 (4).
(f) "At-risk pupil average daily membership" has the same
meaning as provided in section 22-54.5-103 (6).
(g) "Average daily membership" has the same meaning as
provided in section 22-54.5-103 (8).
(h) "English language learner" has the same meaning as
provided in section 22-54.5-103 (16).
(i) "English language learner average daily membership"
has the same meaning as provided in section 22-54.5-103 (17).
(j) "English language learner funding" means the funding
calculated for an institute charter school pursuant to section
22-54.5-202 (5).
(k) "Funding averaging period" has the same meaning as
provided in section 22-54.5-103 (20).
(l) "Investment moneys" has the same meaning as provided in
section 22-54.5-103 (23).
(m) "Membership" has the same meaning as provided in
section 22-54.5-103 (26).
(n) "Multi-district on-line school" has the same meaning as
provided in section 22-30.7-102 (6).
(o) "Qualified institute charter school" has the same
meaning as "qualified charter school" defined in section
22-54.5-309 (1) (e).
(p) "School day" has the same meaning as provided in section
22-54.5-103 (31).
(q) "Total program" means the total program for an
institute charter school that the department calculates
pursuant to section 22-54.5-202.
(2) For purposes of the "Public School Finance Act", article
54.5 of this title, each institute charter school, as required in
section 22-54.5-405, shall certify to the department the institute
charter school's membership for each school day, including
specifying the number of preschool pupils, at-risk pupils, and
English language learners, and the number of pupils who are
enrolled each school day in a multi-district on-line school or the
ASCENT program, as applicable. Each institute charter school
shall also specify whether it is a qualified charter school. The
department shall use the membership and the multi-district
on-line school and ASCENT program enrollments certified to
calculate the average daily membership, preschool program
average daily membership, at-risk average daily membership,
English language learner average daily membership, on-line
average daily membership, and ASCENT program average daily
membership, as applicable, and the total program for each
institute charter school pursuant to sections 22-54.5-202 and
22-54.5-405, and the investment moneys for each institute charter
school pursuant to section 22-54.5-301.
(3) (a) As part of the charter contract, each institute
charter school and the institute shall agree on funding and any
services that the institute or a third party provides to the
institute charter school. The institute charter school and the
institute shall negotiate funding under the charter contract,
starting with the amounts specified in subsection (4) of this
section.
(b) The institute shall pay to each institute charter school
the amounts that are due to each institute charter school as
provided in this section. The institute shall pay the amounts in
twelve monthly installments as soon as practicable after the
institute receives distributions of moneys from the department
pursuant to section 22-30.5-408.
(c) If the department adjusts an institute charter school's
payments pursuant to section 22-54.5-408 (1) (a) (II), the institute
shall adjust its payments to the institute charter school
pursuant to this section accordingly.
(4) (a) Negotiations between an institute charter school
and the institute begin with the institute charter school receiving
an amount equal to:
(I) (A) The institute charter school's total program minus
one percent withheld by the department pursuant to section
22-54.5-408 (2); plus
(B) The investment moneys in the amount of the per pupil
amount calculated pursuant to section 22-54.5-301 (3) multiplied
by the institute charter school's average daily membership for the
applicable funding averaging period, as provided in section
22-54.5-301; minus
(II) (A) An amount equal to three percent of the institute
charter school's total program, which amount the institute shall
transfer to the state treasurer for credit to the account created
in section 22-30.5-506 (4) and used to offset administrative
overhead costs; plus
(B) The amount agreed to in the charter contract for
additional services as provided in paragraph (b) of this subsection
(4); plus
(C) Any amount agreed to by the institute and the institute
charter school for repayment of a loan to the institute charter
school from the institute charter school assistance fund created
in section 22-30.5-515.5; plus
(D) Any amount withheld pursuant to section 22-30.5-406
for the direct payments made by the state treasurer of principal
and interest due on bonds issued on behalf of the institute charter
school by a governmental entity for the purpose of financing
institute charter school capital construction.
(b) In negotiating the charter contract, the institute
charter school and the institute board shall agree on the
services, other than necessary administration, oversight, and
management services, and the cost of the services that a third
party with which the institute or institute charter school
contracts provides to the institute charter school.
(5) In addition to the moneys an institute charter school
receives pursuant to subsection (4) of this section:
(a) (I) The institute shall distribute to each qualified
institute charter school an amount equal to the percentage of
the qualified institute charter school's certified average daily
membership for the applicable funding averaging period multiplied
by the total amount of state education fund moneys distributed
to the institute for the same budget year pursuant to section
22-54.5-309. The institute must provide the funding to each
qualified institute charter school by making a monthly payment
to the qualified institute charter school as soon as possible after
the institute receives a monthly payment of moneys pursuant to
section 22-54.5-309. The qualified institute charter school shall
use the moneys received pursuant to this paragraph (a) solely for
capital construction as defined in section 22-54.5-309 (1) (a).
(II) For purposes of this paragraph (a), "pupils" does not
include pupils who are enrolled in an on-line program, as defined
in section 22-30.7-102 (9), or in an on-line school, as defined in
section 22-30.7-102 (9.5).
(b) (I) The institute shall distribute to each institute
charter school the school's proportionate share of moneys
received pursuant to federal or state categorical aid programs
based on the pupils enrolled in each institute charter school.
(II) Each institute charter school that serves students who
may be eligible to receive services provided through federal aid
programs must comply with all federal reporting requirements to
receive the distribution of federal aid from the institute.
(c) The institute shall distribute to each institute charter
school the per pupil supplemental payment payable to the institute
charter school pursuant to section 22-54.5-303.
(d) Each institute charter school retains the fees collected
from students enrolled at the institute charter school.
(6) Each institute charter school shall pay an amount
equal to the per pupil cost incurred by the institute in providing
federally required educational services, multiplied by the number
of students enrolled in the institute charter school. At either
party's request, the institute charter school and the institute
may negotiate and include in the charter contract alternate
arrangements for the provision of and payment for federally
required educational services, including but not necessarily
limited to a reasonable reserve not to exceed five percent of the
institute's total budget for providing federally required
educational services. The institute shall use the reserve only to
offset the excess costs of providing services to students with
disabilities who are enrolled in an institute charter school.
(7) Each institute charter school that receives at-risk
funding shall use the at-risk funding to provide programs,
activities, and personnel that primarily serve at-risk pupils. Each
institute charter school that receives English language learner
funding shall use the English language learner funding to
provide programs, activities, and personnel that primarily serve
English language learners.
(8) (a) Within ninety days after the end of each budget year,
the institute shall provide to each institute charter school an
itemized accounting of all the institute's administrative overhead
costs.
(b) Within ninety days after the end of each budget year,
the institute shall provide to each institute charter school an
itemized accounting of all of the actual costs of any additional
services the institute charter school chose to purchase as
provided in paragraph (b) of subsection (4) of this section. The
institute and the institute charter school shall reconcile any
difference between the amount initially charged to the institute
charter school and the actual cost of the services, and the owed
party shall receive appropriate reimbursement.
(9) (a) The governing body of an institute charter school
may accept gifts, donations, or grants of any kind made to the
institute charter school and expend or use the gifts, donations, or
grants in accordance with the conditions prescribed by the donor;
however, the governing body shall not accept a gift, donation, or
grant if the gift, donation, or grant is subject to any condition
contrary to law or contrary to the terms of the charter
contract between the institute charter school and the institute.
(b) Moneys that an institute charter school receives from
any source and that remain in the institute charter school's
accounts at the end of a budget year must remain in the institute
charter school's accounts for the institute charter school's use
during subsequent budget years and do not revert to the state.
Moneys remaining in the institute charter school's accounts upon
the revocation or nonrenewal of the charter contract revert to
the institute; except that any gifts must be disposed of in
accordance with any conditions prescribed by the donor that are
not contrary to law.
(10) (a) On or before December 1 of each year, a
representative from the governing board of each institute
charter school and the institute board shall meet to review the
level of funding received by the institute as a result of the
moneys withheld by the institute for the amount of actual costs
incurred by the institute in providing necessary administration,
oversight, and management services to the institute charter
schools. The institute charter school representatives and the
institute board shall, at a minimum, review for each budget year
the amount of moneys annually appropriated to the institute, the
amount of costs incurred by the institute, and the services
provided by the institute.
(b) On or before January 15 of each year, the institute
board shall submit to the education committees of the senate and
the house of representatives, or any successor committees, the
findings of the review described in paragraph (a) of this subsection
(10) and any recommendations for legislative changes regarding
the operations of the institute.
(c) The provisions of this subsection (10) do not limit the
authority of the institute or the institute board in making
decisions concerning operations of the institute or the use of
institute moneys.
(11) (a) This section takes effect upon the proclamation by
the governor of the vote cast in a statewide election held no
later than November 2017 at which a majority of those voting
approve a citizen-initiated increase in state tax revenues for the
purpose of funding preschool through twelfth grade public
education, so long as the amount of the approved revenue increase
is equal to or greater than the total estimated state fiscal impact
associated with the payment of the state share of total program
pursuant to section 22-54.5-203, investment moneys pursuant to
section 22-54.5-301, hold-harmless moneys pursuant to section
22-54.5-302, and per pupil supplemental payments pursuant to
section 22-54.5-303, in the second budget year commencing after
the increase is approved, as stated in the final fiscal note prepared
for Senate Bill 13-213, enacted in 2013.
(b) The provisions of this section apply in the second budget
year commencing after the statewide election at which the voters
approve the increase in state tax revenues for the purpose of
funding public education and in budget years thereafter.
SECTION 4. In Colorado Revised Statutes, add 22-28-104.1 and
22-28-107.1 as follows:
22-28-104.1. Establishment of public preschool programs.
(1) The Colorado preschool program is established in the
department and as a local program in each school district. The
purposes of the program are:
(a) To serve three-, four-, and five-year-old children who
lack overall learning readiness due to significant family risk
factors, who are in need of language development, or who are
receiving services from the department of human services
pursuant to article 5 of title 26, C.R.S., as neglected or dependent
children and who would benefit from participation in the
Colorado preschool program;
(b) To establish criteria that school districts and institute
charter schools must follow to establish district and institute
charter school preschool programs; and
(c) To encourage parents to participate with their children
in district or institute charter school preschool programs.
(2) All children who meet the eligibility requirements
specified in section 22-28-106 may participate in the Colorado
preschool program as half-time pupils.
(3) Each school district and each institute charter school
shall include in the membership certified to the department
pursuant to section 22-54.5-405 the pupils enrolled in the
Colorado preschool program to receive funding for those pupils
through the "Public School Finance Act", article 54.5 of this title.
(4) This article does not prohibit a school district from
establishing and maintaining other preschool programs using any
funds available for that purpose, but the school district shall
not count children enrolled in another preschool program for
purposes of determining average daily membership under the
"Public School Finance Act", article 54.5 of this title.
(5) (a) This section takes effect upon the proclamation by
the governor of the vote cast in a statewide election held no
later than November 2017 at which a majority of those voting
approve a citizen-initiated increase in state tax revenues for the
purpose of funding preschool through twelfth grade public
education, so long as the amount of the approved revenue increase
is equal to or greater than the total estimated state fiscal impact
associated with the payment of the state share of total program
pursuant to section 22-54.5-203, investment moneys pursuant to
section 22-54.5-301, hold-harmless moneys pursuant to section
22-54.5-302, and per pupil supplemental payments pursuant to
section 22-54.5-303, in the second budget year commencing after
the increase is approved, as stated in the final fiscal note prepared
for Senate Bill 13-213, enacted in 2013.
(b) The provisions of this section apply in the second budget
year commencing after the statewide election at which the voters
approve the increase in state tax revenues for the purpose of
funding public education and in budget years thereafter.
22-28-107.1. District and institute charter school preschool
programs - plans. (1) Each school district that has not submitted
a plan to the department by the effective date of this section to
implement a district preschool program shall do so within six
months after that date. An institute charter school that chooses
to offer a preschool program pursuant to this section shall
submit a plan to implement the preschool program to the
department at least six months before the preschool program
begins operation. A school district's or institute charter school's
plan must include, but need not be limited to, the following
information requested by the department:
(a) The number of eligible children that the preschool
program is expected to serve;
(b) Whether the preschool program will be a
four-and-one-half-month, nine-month, or twelve-month program;
(c) Whether the school district or institute charter school
itself will provide the preschool program or whether a head start
agency or one or more child care agencies under contract with
the school district or institute charter school will provide the
preschool program in whole or in part;
(d) If the school district or institute charter school will
provide the preschool program:
(I) The number of schools in the school district that will be
involved if it is a district preschool program;
(II) The number of additional personnel needed to staff the
preschool program; and
(III) The training program for preschool teachers;
(e) If a head start agency or child care agencies under
contract with the school district or the institute charter school
will provide the preschool program, in whole or in part:
(I) The head start agency or child care agencies with which
the school district or institute charter school will contract;
(II) The terms of the contracts; and
(III) The procedure the school district or institute charter
school will use to monitor the preschool program that the head
start agency or child care agencies are providing;
(f) The extended day services, if any, to be provided in
connection with the preschool program;
(g) The plan for coordinating the preschool program with
family support services for children participating in the program
and their families;
(h) The plan for involving the parent or parents of each
child enrolled in the preschool program in participation in the
program;
(i) The plan for coordinating the preschool program with a
parenting program;
(j) The plan for involving parents and the community in the
preschool program; and
(k) The procedure the school district or institute charter
school will follow to evaluate the current and continuing
effectiveness of the preschool program.
(2) A school district or institute charter school that
participates in the Colorado preschool program by offering a
nine-month program may, in the first year of operation, apply for
permission from the department to receive funding for a
nine-month program but to use up to half of the moneys allocated
for the program to prepare, during the first half of the school
year, to offer a preschool program and to use the remainder of
the moneys to offer, during the second half of the school year, a
four-and-one-half-month preschool program.
(3) (a) Upon the request of a school district or an institute
charter school, the department shall provide, subject to
available resources, such technical assistance as may be
necessary for the school district or institute charter school to
submit its plan for implementing the preschool program and for
ongoing training of personnel for the successful implementation
of the program.
(b) The department shall annually conduct on-site visits at
a reasonable number of school districts and institute charter
schools to determine whether:
(I) Each school district's and institute charter school's
screening process and the eligibility criteria for children
participating in the preschool program comply with all applicable
state laws;
(II) The district advisory council established pursuant to
section 22-28-105 for a district preschool program complies with
all applicable state laws; and
(III) The school district's or institute charter school's
quality assurance activities, evaluation efforts, and financial
activities regarding the preschool program comply with all
applicable state laws.
(4) (a) This section takes effect upon the proclamation by
the governor of the vote cast in a statewide election held no
later than November 2017 at which a majority of those voting
approve a citizen-initiated increase in state tax revenues for the
purpose of funding preschool through twelfth grade public
education, so long as the amount of the approved revenue increase
is equal to or greater than the total estimated state fiscal impact
associated with the payment of the state share of total program
pursuant to section 22-54.5-203, investment moneys pursuant to
section 22-54.5-301, hold-harmless moneys pursuant to section
22-54.5-302, and per pupil supplemental payments pursuant to
section 22-54.5-303, in the second budget year commencing after
the increase is approved, as stated in the final fiscal note prepared
for Senate Bill 13-213, enacted in 2013.
(b) The provisions of this section apply in the second budget
year commencing after the statewide election at which the voters
approve the increase in state tax revenues for the purpose of
funding public education and in budget years thereafter.
SECTION 5. In Colorado Revised Statutes, 22-45-103, add (1) (i)
as follows:
22-45-103. Funds. (1) The following funds are created for each
school district for purposes specified in this article:
(i) Technology and building maintenance and operation fund.
(I) The revenues from a tax levied pursuant to section 22-54.5-207
for the purposes of technology and building maintenance and
operation shall be deposited in the technology and building
maintenance and operation fund. Expenditures from the fund are
limited to payment of the costs of acquiring and maintaining
technology and the costs of building maintenance and operation
for the buildings of the district as authorized in the budget of the
district. Any moneys remaining in the fund at the end of a fiscal
year must remain in the fund and must be used to reduce the levy
for technology and building maintenance and operation in future
years.
(II) (A) This paragraph (i) takes effect upon the
proclamation by the governor of the vote cast in a statewide
election held no later than November 2017 at which a majority of
those voting approve a citizen-initiated increase in state tax
revenues for the purpose of funding preschool through twelfth
grade public education, so long as the amount of the approved
revenue increase is equal to or greater than the total estimated
state fiscal impact associated with the payment of the state share
of total program pursuant to section 22-54.5-203, investment
moneys pursuant to section 22-54.5-301, hold-harmless moneys
pursuant to section 22-54.5-302, and per pupil supplemental
payments pursuant to section 22-54.5-303, in the second budget
year commencing after the increase is approved, as stated in the
final fiscal note prepared for Senate Bill 13-213, enacted in 2013.
(B) The provisions of this paragraph (i) apply in the second
budget year commencing after the statewide election at which the
voters approve the increase in state tax revenues for the purpose
of funding public education and in budget years thereafter.
SECTION 6. In Colorado Revised Statutes, 22-44-105, amend (4)
as follows:
22-44-105. Budget - contents - mandatory. (4) (a) Not later than
July 1, 1998, The state board of education, with input from the financial
policies and procedures advisory committee, shall establish, and implement,
and maintain a statewide financial, student management, and human
resource electronic data communications and reporting system that is based
on a redesigned standard chart of accounts, a standard information system,
and a standard personnel classification system and that includes to the
fullest extent possible comparable reporting of expenditures at
the school-site level as well as at the school district level, at
the board of cooperative services level, and by the state charter
school institute. The department of education, the state charter
school institute, and all district charter schools, institute
charter schools, school districts, and boards of cooperative services in
the state shall use the system to report and obtain necessary financial
information.
(b) In redesigning implementing and maintaining the financial
and human resource reporting system pursuant to paragraph (a) of this
section, the state board of education shall adhere to, but is not limited to, the
following guidelines:
(I) The financial and human resource reporting system shall must
be based on a redesigned standard chart of accounts that will make
makes school-to-school and school district-to-school district comparisons
more accurate and meaningful;
(II) The reporting system, including the standard chart of
accounts, must require the reporting of expenditures, including
but not limited to salary and benefit expenditures, at the school
site level and whether the school principal retains or chooses to
forego control of the at-risk and English language learner
funding distributed to the school pursuant to section 22-54.5-410;
(II) (III) The financial and human resource reporting system shall
must provide standard definitions for employment positions such that full,
accurate disclosure of administrative costs is made within the budgets and
the financial statements of every school district;
(IV) The reporting system must require each charter
school, each school district for the district as a whole and for
each school of the school district, each board of cooperative
services, and the institute to report the number and percentages
of professional instructional staff disaggregated by race and the
number and percentages of students disaggregated by race;
(III) (V) The financial reporting system shall must make it possible
to collect comparable data by program and school site;
(VI) The reporting system must require each charter
school, each school district, each board of cooperative services,
and the institute to report actual salary amounts when reporting
salary expenditures and require each charter school, each school
district, each board of cooperative services, and the institute to
report benefit expenditures by type of benefit; and
(VII) The reporting system must require each district to
report the total amount of additional local property tax
revenues the district is authorized to collect in addition to the
district's total program mill levy, but not including amounts
authorized pursuant to section 22-40-110 or article 42 or article
43 of this title, and the amount of the additional local property
tax revenues that the district distributes to charter schools of
the school district, stated as a dollar amount.
(c) Notwithstanding any provision of this subsection (4) to
the contrary, if a school district's average daily membership for
the most recent funding averaging period is one thousand or fewer
students, the school district may decide whether to report
expenditures at the school-site level.
(d) The requirements specified in this subsection (4) to
report information at the school-site level apply to the 2014-15
budget year and budget years thereafter.
(c) (e) Nothing in this section shall be interpreted to require
accounting of salary and benefit costs by school site. The department
shall create or contract for the creation of a web site view that,
at a minimum, translates the reported expenditures for school
sites, school districts, the state charter school institute, and
boards of cooperative services into a format that is readable by
a layperson. In addition, the department shall collect, review,
and standardize the data reported by the state charter school
institute, charter schools, districts, and boards of cooperative
services pursuant to this subsection (4) to ensure the greatest
level of transparency and comparability of expenditures among
school sites, school districts, the state charter school institute,
and boards of cooperative services.
(d) Repealed.
SECTION 7. In Colorado Revised Statutes, add 22-2-113.7 as
follows:
22-2-113.7. Department of education - additional local revenues
- distribution to charter schools - annual report. (1) The department
shall annually compile a report of the information received
pursuant to section 22-44-105 (4) (b) (VII) concerning the
collection of additional local property tax revenues by each
district and the distribution of a portion of the revenues to the
charter schools of the school district. In addition to the compiled
information, the report must include a comparison of the amount
of additional local property tax revenues received by the district
and the amount distributed to the charter schools of the district
at the district level and aggregated statewide.
(2) (a) The department shall allow each district and each
district charter school to review the report before publication.
A district or a charter school may request that the department
compile an addendum to the report that is specific to the
requesting district or charter school and that examines the
overall level of funding distributed by the district to the charter
schools of the district, including:
(I) Capital construction and facilities funding;
(II) Funding for technology; and
(III) Any other funding that the district distributes to the
charter schools of the district.
(b) The department shall simultaneously publish on the
department web site the report and any addenda prepared for the
report in response to a district or charter school request.
SECTION 8. In Colorado Revised Statutes, 22-24-104, add (7) as
follows:
22-24-104. English language proficiency program established -
funding. (7) Notwithstanding any provision of this article to the
contrary, beginning in the 2015-16 budget year and for budget
years thereafter, the general assembly shall not appropriate
moneys specifically to fund this section. For the 2015-16 budget
year and budget years thereafter, a district, the state charter
school institute, or a facility school may receive moneys for the
implementation of this section through the "Public School Finance
Act", article 54.5 of this title.
SECTION 9. In Colorado Revised Statutes, 22-24-104 as repealed
and reenacted by House Bill 13-1211, add (6) as follows:
22-24-104. English language proficiency program established -
funding. (6) Notwithstanding any provision of this article to the
contrary, beginning in the 2015-16 budget year and for budget
years thereafter, the general assembly shall not appropriate
moneys specifically to fund this section. For the 2015-16 budget
year and budget years thereafter, a local education provider may
receive moneys for the implementation of this section through the
"Public School Finance Act", article 54.5 of this title.
SECTION 10. In Colorado Revised Statutes, 22-33-205, add (5) as
follows:
22-33-205. Services for expelled and at-risk students - grants -
criteria. (5) Notwithstanding any provision of this section to the
contrary, beginning in the 2015-16 budget year and for budget
years thereafter, the general assembly shall not appropriate
moneys specifically to fund this section. For the 2015-16 budget
year and budget years thereafter, a district, a charter school, or
a facility school may receive moneys for the implementation of
this section through the "Public School Finance Act", article 54.5
of this title.
SECTION 11. In Colorado Revised Statutes, 22-20-114, amend
(1) introductory portion; and add (8), (9), (10), and (11) as follows:
22-20-114. Funding of programs - legislative intent - definition.
(1) Subject to the provisions of subsection (3) subsections (3), (8), (9),
and (10) of this section, for the 2005-06 budget year and each budget year
thereafter, the total amount appropriated to the department for the payment
of costs incurred by administrative units for the provision of special
education programs shall be distributed to each administrative unit that
provides educational services for children with disabilities as follows:
(8) (a) For the 2015-16 budget year and budget years
thereafter, in a budget year for which the state receives growth
tax revenues, if there is a portion of the growth tax revenues
remaining after fully funding the state share of total program
for all districts and total program for all institute charter
schools, as calculated pursuant to article 54.5 of this title, the
general assembly shall increase the amount appropriated for
distribution pursuant to this section by the remaining amount of
growth tax revenues, up to the amount required to increase the
per pupil allocation pursuant to paragraph (b) of subsection (1) of
this section to two thousand five hundred dollars for each child
with disabilities receiving special education services from an
administrative unit.
(b) As used in this subsection (8), "growth tax revenues"
means the amount of state revenues generated in the applicable
income tax year as a result of a citizen-initiated statewide ballot
question that increases state tax revenues for the purpose of
funding preschool through twelfth grade public education, which
amount of state revenues exceeds the amount specified in the
statewide ballot question.
(9) (a) For the 2015-16 budget year and budget years
thereafter, in addition to any amount of the total annual
appropriation moneys that are distributed pursuant to paragraph
(c) of subsection (1) of this section, the general assembly shall
appropriate at least eighty million dollars to increase the
percentage of children for which an administrative unit may
receive additional funding pursuant to paragraph (c) of subsection
(1) of this section.
(b) The general assembly shall appropriate the amount
described in paragraph (a) of this subsection (9) from the increase
in state tax revenues received as the result of passage of a
statewide ballot measure to increase state tax revenues for the
purpose of funding public education.
(10) It is the intent of the general assembly that, beginning
in the 2015-16 budget year and for budget years thereafter, in
addition to any other appropriations for purposes of this section,
the general assembly shall appropriate for distribution pursuant
to paragraph (c) of subsection (1) of this section an amount equal
to the amounts appropriated in budget years before the 2015-16
budget year to fund English language development programs
pursuant to section 22-24-104 and the services for expelled and
at-risk students grant program pursuant to section 22-33-205.
(11) It is further the general assembly's intent that, as a
result of receiving an increase in the distribution of state moneys
pursuant to subsection (8), (9), or (10) of this section, an
administrative unit, in complying with the maintenance of effort
requirement specified in the federal "No Child Left Behind Act of
2001", 20 U.S.C. sec. 6381 et seq., shall not reduce the level of
state and local expenditures below the level of state and local
expenditures for the preceding budget year. Any additional
appropriation of moneys for distribution pursuant to this section
is intended to alter the ratio between state and local
expenditures, but the overall level of expenditures may remain
the same, thereby satisfying the federal maintenance of effort
requirements.
SECTION 12. In Colorado Revised Statutes, add 22-2-142 as
follows:
22-2-142. Professional development programs - principals.
(1) The department shall provide or contract for professional
development programs for principals. The department shall
provide programs that address budgeting and curriculum and
program development skills, especially with regard to programs
for at-risk pupils and English language learners, as defined in
section 22-54.5-103. The department shall publicize the
availability of the professional development programs and make
the professional development programs available to principals at
a free or significantly reduced price. The department shall ensure
that professional development programs are available at
locations throughout the state.
(2) The department shall submit to the education
committees of the house of representatives and the senate, or any
successor committees, an annual report of the persons who
participate in the professional development programs provided
pursuant to this section. The report, at a minimum, must include
the name of the participant, the employing school district or
charter school, and the school of the school district at which the
participant is employed.
(3) The general assembly shall annually appropriate one
million dollars to the department for the costs incurred in
implementing this section. The general assembly shall appropriate
the moneys from the increase in state tax revenues received as
the result of the passage of a citizen-initiated statewide ballot
measure to increase state tax revenues to fund preschool
through twelfth grade public education.
SECTION 13. In Colorado Revised Statutes, 22-43.7-104, add (2)
(c) as follows:
22-43.7-104. Public school capital construction assistance fund
- creation - crediting of moneys to fund - use of fund - emergency
reserve - creation. (2) (c) (I) For the 2014-15 budget year, the
general assembly shall appropriate to the assistance fund an
amount equal to up to forty percent of the revenues received by
the state before July 1, 2015, as a result of a citizen-initiated
increase in state tax revenues for the purpose of funding
preschool through twelfth grade public education, which
increase is approved by a majority of the votes cast in the
statewide election held in November 2013.
(II) The board must award the amount appropriated to the
assistance fund pursuant to subparagraph (I) of this paragraph (c)
for financial assistance for public school facility capital
construction projects that are needed to support educational
reforms and programmatic enhancements, including up to fifty
percent for facilities for full-day kindergarten and preschool
programs.
(III) If the board awards any portion of the amount
appropriated to the assistance fund pursuant to subparagraph (I)
of this paragraph (c) to provide financial assistance by financing
public school facility capital construction projects through
lease-purchase agreements, the amount of annual lease payments
payable by the state for those lease-purchase agreements shall
not exceed the amount appropriated to the assistance fund
pursuant to subparagraph (I) of this paragraph (c) plus any
interest attributable to the amount appropriated.
(IV) The general assembly finds that appropriating the
revenues described in subparagraph (I) of this paragraph (c) to the
assistance fund will benefit the education of kindergarten
through twelfth grade students and participants in preschool
programs by ensuring that public schools and school districts
have the facilities necessary to support implementation of the
education reforms and programmatic enhancements required by
law.
SECTION 14. In Colorado Revised Statutes, 2-3-1203, add (3)
(jj.5) as follows:
2-3-1203. Sunset review of advisory committees. (3) The
following dates are the dates for which the statutory authorization for the
designated advisory committees is scheduled for repeal:
(jj.5) September 1, 2023:
(IV) The education innovation board created in section
22-54.5-311 (7), C.R.S.
SECTION 15. Effective date. (1) This act takes effect upon the
proclamation by the governor of the vote cast in a statewide election held
no later than November 2017 at which a majority of those voting approve
a citizen-initiated increase in state tax revenues for the purpose of funding
preschool through twelfth grade public education, so long as the amount of
the approved revenue increase is equal to or greater than the total estimated
state fiscal impact associated with the payment of the state share of total
program pursuant to section 22-54.5-203, investment moneys pursuant to
section 22-54.5-301, hold-harmless moneys pursuant to section
22-54.5-302, and per pupil supplemental payments pursuant to section
22-54.5-303, in the second budget year commencing after the increase is
approved, as stated in the final fiscal note prepared for Senate Bill 13-213,
enacted in 2013.
(2) Notwithstanding the provisions of subsection (1) of this section
to the contrary:
(a) Section 8 of this act takes effect only if House Bill 13-1211 does
not become law; and
(b) Section 9 of this act takes effect only if House Bill 13-1211
becomes law.
SECTION 16. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
____________________________ ____________________________
John P. Morse Mark Ferrandino
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Marilyn Eddins
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO